A.
This chapter shall be enforced by the Building Inspector, appointed
by the Village Board to serve at the pleasure of the Village Board.
No building permit application shall be approved by the Building Inspector
or a building permit issued by the Village Clerk for any purpose except
in compliance with the provisions of this chapter and such other ordinances,
rules and regulations of the Village of Brockport currently in force
at the time of application and also in compliance with the laws of
the State of New York, and rules and regulations as promulgated by
department and agencies of the state currently in effect at the time
of application.
B.
No land shall be occupied and no building or structure previously
existing or hereafter erected, altered or extended, or upon transfer
of title to a new owner, shall be used or changed in use until a certificate
of occupancy is issued by the Building Inspector. A certificate of
occupancy shall not be required for transfer of title to a new owner
of a single-family dwelling. The Building Inspector shall issue a
certificate of occupancy in the same classification as previously
issued unless otherwise directed by the Planning Board.
[Amended 5-7-1984 by L.L. No. 1-1984; 1-19-1987 by L.L. No.
2-1987]
C.
A nonconforming use shall not be extended unless a certificate of
occupancy has been issued by the Building Inspector and approved by
the Board of Appeals.[1]
D.
Application for a certificate of occupancy shall be made at the same
time as the application for a building permit. When a certificate
of occupancy is required, the building permit shall not be issued
unless application has been made for a certificate of occupancy.
A.
The Village Board shall establish a schedule of fees, charges and
expenses and a collection procedure for building permits, certificates
of occupancy, appeals and other matters covered by this chapter. The
schedule of fees shall be posted in the office of the Village Clerk
and be altered or amended only by the Village Board. Until all applicable
fees, charges and expenses have been paid in full, no action shall
be taken on any application or appeal.
[Amended 8-7-1961; 12-7-1970; 11-19-1973; 5-7-1984 by L.L. No. 1-1984; 1-19-1987 by L.L. No. 2-1987; 9-10-1990 by L.L. No.
1-1990]
B.
Building permits issued prior to the enactment of this chapter shall
expire one year after the date of enactment of this chapter.
C.
Building permits issued under the provisions of this chapter shall
become null and void unless construction has started within three
months of the date of issuance and construction completed within 15
months. When the time of starting construction or the time for the
completion of construction exceeds these periods, application may
be made for a new permit extension to the Board of Appeals, which,
for the good reason shown, may extend the permit at no extra cost.
D.
When the application for a building permit is denied, that portion
of the fee in excess of the minimum shall be refunded to the applicant.
A.
Creation, appointment and organization. A Board of Appeals is hereby
created. Said Board shall consist of five members. The Board shall
elect a Chairman from its membership, shall appoint a Secretary and
shall prescribe rules for the conduct of its affairs.
B.
Powers and duties. The Board of Appeals shall have all the powers
and duties prescribed by law and by this chapter, which are more particularly
specified as follows:
(1)
Interpretation. Upon appeal from the decision by an administrative
official, to decide any question involving the interpretation of any
provision of this chapter, including determination of the exact location
of any district boundary if there is uncertainty with respect thereto.
(2)
Special permits. To issue special permits for any of the uses for
which this chapter requires the obtaining of such permits from the
Board of Appeals.
(3)
Variances. To vary or adapt the strict application of any of the
requirements of this chapter in the case of exceptionally irregular,
narrow, shallow or steep lots or other exceptional physical conditions,
whereby such strict application would result in practical difficulty
or unnecessary hardship that would deprive the owner of the reasonable
use of the land or building involved, but in no other case.
(a)
No variance in the strict application of any provision of this
chapter shall be granted by the Board of Appeals unless it finds:
[1]
That there are special circumstances or conditions, fully described
in the findings of the Board, applying to such land or buildings and
not applying generally to land or buildings in the neighborhood, and
that said circumstances or conditions are such that strict application
of the provisions of this chapter would deprive the applicant of the
reasonable use of such land or buildings.
[2]
That, for reasons fully set forth in findings of the Board,
the granting of the variance is necessary for the reasonable use of
the land or building and that the variance as granted by the Board
is the minimum variance that will accomplish this purpose.
[3]
That the granting of the variance will be in harmony with the
general purpose and intent of this chapter and will not be injurious
to the neighborhood or otherwise detrimental to the public welfare.
(b)
In granting any variance, the Board of Appeals shall prescribe
any conditions that it deems to be necessary or desirable.
C.
Procedure.
(1)
The Board of Appeals shall act in strict accordance with the procedure
specified by law and by this chapter. All appeals shall be in writing,
on forms prescribed by said Board. Every appeal or application shall
refer to the specific provision of the zoning regulation involved
and shall exactly set forth the interpretation that is claimed, the
use for which special permit is sought or the details of the variance
that is applied for and the grounds on which it is claimed that the
variance should be granted, as the case may be. The Board of Appeals
shall set a date for said hearing within 30 days of the filing of
said appeal in the Village Clerk's office and shall give 10 days'
notice of said hearing by publication thereof in the Village of Brockport's
official newspaper. Further, the Board shall mail (first-class mail)
a written notice to property owners within 350 feet of the subject
property 10 days prior to the scheduled hearing.
[Amended 7-1-1996 by L.L. No. 3-1996]
(2)
Every decision of the Board of Appeals shall be by resolution, each
of which shall contain a full record of the findings of the Board
in the particular case.
In their interpretation and application, the provisions of this
chapter shall be held to be the minimum requirements adopted for the
promotion of public health, morals, safety and general welfare. Whenever
the requirements of this chapter are at variance with the requirements
of any other lawfully adopted rules, regulations and ordinances, the
most restrictive, or that imposing higher standards, shall govern.
This chapter does not repeal, abrogate, impair or interfere
with any easements, covenants or agreements now existing between owners
of land or premises, except that, whenever this chapter imposes greater
restrictions upon the erection or alteration of structures or the
use of the premises than required by such easements, covenants and
agreements, the provisions of this chapter shall control.
[Amended 5-7-1984 by L.L. No. 1-1984; 7-1-1996 by L.L. No.
3-1996]
Persons petitioning for a change of classification of use, a
change in district or grant of variance by the Board of Appeals or
the initiating of any applications, petitions or proceeding which
requires a public hearing shall, at the time of filing such application
or petition, pay to the Village Clerk-Treasurer the sum noted in the
most current Village Fee Schedule to cover the cost of publishing
the notice of public hearing and other expense incidental thereto.
A.
Any person, corporation or other entity who violates the provisions
of this chapter shall be guilty of a violation and shall be subject
to imprisonment not to exceed fifteen days or a fine not to exceed
$250 or both such fine and imprisonment. Each day of continued violation
shall constitute a separate offense.
[Amended 11-16-2015 by L.L. No. 1-2015]
B.
Service of the notices shall be sufficient if directed to the owner,
agent of the owner or the contractor and left at his last-known place
of business or residence, if within the Village of Brockport, and
if no place of business or residence is found, then the notice shall
be served by posting in a conspicuous place on the premises which
are the subject of the violation.
A.
Each parcel of land annexed to the Village of Brockport shall be
considered as being in that use district in which the use of the land
and of the structures would be conforming uses within the provisions
of this chapter. When the uses of the land or of the structure would,
under the provisions of this chapter, be prohibited uses in all districts,
such parcel or parcels shall be classified as being in the O Residential
Use District, and such prohibited uses shall be designated as being
legal nonconforming uses.
B.
When lands annexed to the Village of Brockport are separated from
a municipality which, at the effective date of the annexation, had
in force a zoning ordinance, such lands and structures shall continue
in the classification and under the provisions of the zoning ordinance
of the municipality from which such lands are separated.
C.
Notwithstanding the provisions of Subsections B and C of this section, a petition for the annexation of lands to the Village of Brockport containing a provision designating the classification of use district in which such lands shall be established may be accepted by the Village Board as the designated use district or districts, and such lands thereafter shall be subject to the regulations of the designated use district or districts.
D.
After annexation, the Village Board, at any time, may in the same
manner as provided by Village Law for changes and amendments to the
Zoning Ordinance, change or reclassify the use district designations
of and provisions applicable to the lands annexed.
A.
The Zoning Ordinance of the Village of Brockport adopted January
3,1928, as amended, is hereby repealed.
B.
All rules, regulations and ordinances of the Village of Brockport
inconsistent with the provisions of this chapter are hereby repealed
as of the date this chapter takes effect. This chapter does not repeal,
abrogate or impair now existing conditions or permits previously issued
relative to the erection or alteration of structures or the use of
premises.
C.
Wherever this chapter imposes greater restriction upon the erection
or alteration of structures or uses of the premises than required
by existing provisions of law, ordinances, regulations or permits,
the provisions of this chapter shall apply.
The invalidity of any section or provision of this chapter shall
not invalidate any other section or provision of this chapter.
This chapter shall take effect January 4, 1960.
