This chapter shall be enforced by the Village
Clerk, or such appropriate officer as the Village Board may from time
to time appoint, who shall perform such duty in addition to his or
her present duties without additional compensation. No building permit
or certificate of occupancy shall be issued by him or her, except
where the provisions of this chapter have been complied with.
A. Building permits.
(1) No building or structure shall be erected, added to
or structurally altered until a permit therefor has been issued by
the Village Clerk, or such other enforcement officer as the Board
of Trustees may hereafter designate. Except upon a written order of
the Board of Appeals, no such building permit or certificate of occupancy
shall be issued for any building where said construction, addition
or alteration or use thereof would be in violation of any of the provisions
of this chapter.
(2) There shall be submitted with all applications for
building permits two copies of a layout or plot plan drawn to scale
showing the actual dimensions of the lot to be built upon, the exact
size and location on the lot of the building and accessory buildings
to be erected, and such other information as may be necessary to determine
and provide for the enforcement of this chapter.
(3) One copy of such layout or plot plan shall be returned
when approved by said enforcement officer together with such permit
to the applicant upon the payment of a fee of $1.
B. Certificate of occupancy.
(1) No land shall be occupied or used and no building
hereafter erected, altered or extended shall be used or changed in
use until a certificate of occupancy shall have been issued by the
Zoning Enforcement Officer, stating that the building or proposed
use thereof complies with the provisions of this chapter.
(2) No nonconforming use shall be maintained, renewed,
changed or extended without a certificate of occupancy having first
been issued by said enforcement officer.
(3) All certificates of occupancy shall be applied for
coincident with the application for a building permit. Said certificate
shall be issued within 10 days after the erection or alteration has
been approved as complying with the provisions of this chapter.
(4) The Enforcement Officer shall maintain a record of
all certificates and copies shall be furnished, upon request, to any
person having a proprietary or tenancy interest in the building affected.
(5) Subject to such conditions as the Board of Appeals
may deem advisable to impose, a temporary certificate of occupancy
for not more than six months for a part of a building may be issued
by the Enforcement Officer with the approval of the Board of Appeals.
In their interpretation and application, the
provisions of this chapter shall be held to be minimum requirements,
adopted for the promotion of the public health, morals, safety or
the general welfare. Whenever the requirements of this chapter are
at variance with the requirements of any other lawfully adopted rules,
regulations or ordinances, the most restrictive or those imposing
the higher standards, shall govern.
A Board of Appeals is hereby created. Said Board
shall consist of three members, and said members shall be appointed
by the Board of Trustees in accordance with the provisions of the
Village Law. The Board shall elect a chairman from its membership,
shall appoint a secretary, shall prescribe rules for the conduct of
its affairs consistent with the provisions of the Village Law and
shall have powers and duties as granted to Boards of Appeal in the
Village Law of the State of New York, and as specified in this chapter.
All amendments to this chapter shall be in accordance
with the provisions of the Village Law applicable thereto. Any proposed
amendment shall be submitted to the Board of Appeals for report and
recommendation prior to any action thereon by the Board of Trustees.
If the Board of Appeals recommends against the enactment of any proposed
amendment, it shall become effective only by a favorable vote of all
the members of the Board of Trustees.
A violation of this chapter is a misdemeanor
punishable by a fine not exceeding $100 and on each day that such
violation continues after notice thereof shall be considered a separate
offense.
This chapter, as adopted at a meeting of the
Village Board, Village of Middleport, New York, held on March 7, 1955,
shall take effect 10 days after publication in the official newspaper
of the Village of Middleport.
[Added 3-21-1994 by L.L. No. 3-1994]
A. In addition to any other fees charged by any other
rule, regulation, law or ordinance, the following fees are established:
(1) Application fee for special use permit, pursuant to §
200-13: $200.
(2) Application fee for a variance: $200.
B. No application shall be accepted, filed or processed
until the applicable fee is paid.
C. The Village Board may increase or decrease the fees set forth in Subsections
A(1) and
(2) above by resolution upon a majority vote of the Board, and the Board shall institute, increase, decrease, change or otherwise modify such additional, other and different fees as it determines necessary by administering this chapter.