A.
Enforcement officer. This chapter shall be enforced by the enforcement officers designated by the Board of Trustees in Chapter 25 of this Code, including the Building Inspector, and by such other officers who shall from time to time be designated by resolution of the Board of Trustees.
B.
Inspection authority. In the discharge of their duties, said Building
Inspector, the Code Enforcement Officer or any duly authorized subordinate
shall have the right, upon proper identification, to enter upon any
land or into any building or structure at any reasonable hour.
C.
Records kept. Said Building Inspector shall file and maintain records
of all applications, building permits, certificates of occupancy,
complaints of violation and actions taken.
D.
Compliance. No officer, board, agency or employee of the Village
shall issue, grant or approve any permit, license, certificate or
other authorization for any erection, demolition or relocation of
any building or structure or for any use of any land or building that
is not in full compliance with the provisions of this chapter. Any
such permit, license, certificate or other authorization issued, granted
or approved in violation of any of the provisions of this chapter
shall be null and void and of no effect without the necessity of any
proceedings for revocation or nullification thereof, and any work
undertaken or use established pursuant to any such permit, license,
certificate or authorization shall be unlawful and no action shall
be taken by any officer, board, agency or employee of the Village,
including the Board of Appeals, purporting to validate any such violation.
A.
No building or structure shall be erected, enlarged, extended, altered,
reconstructed, demolished, or moved until a building permit therefor
has been approved by the Building Inspector and issued by the Village
Clerk/Treasurer.
B.
Every application for a building permit shall be in triplicate and
sworn to by the applicant authorized, in writing, by the owner and
shall be filed with the Building Inspector accompanied by an existing
survey.
C.
Such application shall be accompanied by two ink, blueprint or photostat
copies of plans for any building or structure and plot plan, together
with two copies of specifications for the construction covered by
the application.
D.
Said plan for any building or structure and said plot plan shall
be drawn to scale by an architect or professional engineer licensed
to practice in the State of New York and his or her seal affixed thereto;
provided, however, that said plan for any building or structure and
said plot plan need not be drawn by such an architect or engineer
if the application is:
(1)
For a permit for the alteration or extension of a building or
structure and the Building Inspector finds, and so endorses on the
plan for such building or structure and the plot plan, that the proposed
construction would not affect the structural safety of the building
or the safety of the occupants thereof.
(2)
For a permit for the erection of a single- or double-vehicle
detached garage the cost of which does not exceed $20,000.
E.
Said plan for such building or structure and said plot plan shall
show exactly the following:
(1)
The lines, angles and dimensions of the lot.
(2)
The location and dimensions of any existing building or structure,
including any porch or accessory building on the lot.
(3)
The lines within which any proposed building or structure, including
any porch or accessory building, is to be erected, showing all setback
lines.
(4)
The existing and intended use of each building or structure
or part thereof, including the number of dwelling units.
(5)
The location, dimensions, surfacing and grades of any existing
and proposed automobile parking area and spaces.
(6)
The location, widths, grades and surfacing of existing and proposed
driveways leading to such parking area and spaces.
(7)
Such other information as may be prescribed as necessary by
the Building Inspector for proper determination and enforcement.
F.
Upon approval of the application, one copy of such plans for the
building(s) or structure(s), plot plan and specifications shall be
returned to the applicant and the other copy shall be filed with the
Building Inspector.
G.
At all times while the work is in progress, the building permit shall
be attached to or visibly displayed on the front door or a front window
of the building or structure.
A.
A certificate of occupancy, certifying compliance with this chapter,
shall be required before any building or structure shall be occupied
or used. Such certificate shall be issued only after approval by the
Building Inspector, prior to any of the following:
B.
Written application for a certificate of occupancy shall be made
to the Building Inspector by an applicant authorized in writing by
the owner. If the proposed use is in all respects in conformity with
the provisions of this chapter and all other applicable laws and ordinances,
said certificate shall be issued by the Building Inspector.
(1)
Written application for such certificate for a building shall
be made at the same time as the application for the building permit
for such building.
(2)
If applicable, before the issuance of a certificate of occupancy,
there shall be filed with the Village Clerk/Treasurer an affidavit
of the registered architect or licensed professional engineer who
filed the original plans, or of the registered architect or licensed
professional engineer who supervised the construction of the work,
or of the superintendent of construction who supervised the work and
who, by reason of his or her experience, is qualified to superintend
the work for which the certificate of occupancy is sought. This affidavit
shall state that the deponent has examined the approved plans of the
structure for which the certificate of occupancy is sought and that
the structure has been erected in accordance with the approved plans.
(3)
Any building or structure for which a certificate of occupancy
is required under the provisions of this section or any other provision
of law, or of this chapter or any other regulations, local law or
rule of the Village, shall not be used or occupied until the Building
Inspector has issued a certificate of temporary use therefor or, in
the event of his refusal to issue the same for reasons of safety,
until the issuance of the certificate of completion or certificate
of occupancy required by this section. The Building Inspector is hereby
authorized to issue any such certificate of temporary use, or a temporary
certificate of occupancy, if in the opinion of the Building Inspector
such certificate would not expose any person to such hazards during
completion of construction as to endanger the life, health or safety
of any such person, provided that the duration of such certificate
of temporary use or temporary certificate of occupancy shall not exceed
six months. One extension of the certificate of temporary use or the
temporary certificate of occupancy for up to six months may be granted
by the Building Inspector. Such temporary certificate shall not be
construed as in any way altering the respective rights, duties or
obligations of the owner or of the Village relating to the use or
occupancy of the land or building or any other matter covered by this
chapter.
C.
In the case of any change in the use or occupancy, or in the case
of any new construction, alteration, erection, modification, enlargement
or addition, or other change to an existing building or structure
subject to the terms of this chapter or any other regulation, local
law or ordinance of the Village or of the State of New York, no certificate
of occupancy shall be issued, or amended, before the Building Inspector
shall examine or cause to be examined all buildings, structures and
sites for which an application has been filed for a permit for a change
in the use or type of occupancy, or in the case of any new construction,
or in the case of any alteration, erection, modification, reconstruction,
addition, or other change to an existing building or structure, and
the Building Inspector may conduct such inspections as he or she deems
appropriate from time to time during and upon completion of the work
for which a building permit has been issued.
D.
In the case of any request for a duplicate or copy of any certificate
of occupancy previously issued by the Village, no such duplicate or
copy shall be issued before an inspection of the premises covered
or alleged to be covered by such certificate has been made and completed
by the Building Inspector and a certificate of compliance, based on
such inspection, has been first issued to the applicant therefor.
E.
In the case of any request for a duplicate or copy of a certificate
of occupancy, where the premises, and any buildings or structures
thereon, was improved prior to the issuance of such certificate by
the Village, no letter in lieu of such certificate and/or certificate
of continued use shall be issued before an inspection has been made
in accordance with the preceding subsection and a certificate of compliance,
based on such inspection, has first been issued to the applicant therefor.
F.
Every certificate of occupancy issued under the provisions of this
section, and every letter-in-lieu thereof issued in its place and
stead in the event that no such certificate was required by law at
the time a subject parcel was improved by habitable buildings or structures
presently erected thereon, shall indicate on the face thereof that
no reliance may be placed on the legal validity of the same after
90 days from the date of issuance appearing thereon, unless and until
such certificate or letter has been revalidated by the Village Building
Inspector. Revalidation shall be made only after application in writing
on forms supplied by the Village on and after an inspection and issuance
of a certificate of compliance by the Building Inspector. Such revalidation,
if any, shall be good for 90 days from the date of issuance.
G.
In the event that an inspection required by this section reveals
violations of any provision of this Code or of the New York Uniform
Fire Prevention and Building Code, or of any other building, plumbing
or zoning regulation of the Village, then a notice of violation shall
be issued to the owner of the premises and said owner shall have 30
days to remove or correct said violations or, failing same, his application
for any certificate under the provisions of this section shall be
denied and a summons or appearance ticket issued for such violations.
Upon the serving of notice of any violation, as provided in this chapter,
any existing certificate of occupancy for any building, structure
or land, or the use thereof, shall thereupon become null and void
and a new certificate of occupancy in conformity with this chapter
shall be required for any further use of such building, structure
or land. A notice to such effect shall be served upon or mailed (certified
mail, return receipt requested) to the owner of record of such premises
within five business days of the issuance of any such summons or appearance
ticket and shall be entered into the property records for such premises
maintained by the Village.
H.
Applications for a certificate of occupancy, a duplicate thereof, or for a letter in lieu thereof, as the case may be, shall be made on forms provided therefor by the Village Clerk/Treasurer's office. Said applications shall be accompanied at the time of filing by an application and inspection fee in the amount as provided in § 470-115 and by a copy of an up-to-date property survey or, in lieu thereof, a copy of an existing survey updated by a survey inspection.
I.
In the event that any person(s) other than the owner of the premises
shall apply for a certificate required by this section, such person
shall provide satisfactory evidence that he is acting as the attorney
in fact or lawful agent of the actual owner or shall submit an authorization
from said owner, duly executed and acknowledged by him, stating that
said other person is authorized to act on his behalf. Absent such
evidence, in form satisfactory to the Village Clerk/Treasurer at the
time of applying therefor, no application for the processing of such
certificates shall be filed or accepted by the Village.
J.
Whenever there are reasonable grounds to believe that any material,
construction, equipment or assembly does not conform to any regulation,
rule, ordinance, or law of the Village of Roslyn, the Building Inspector
may require the same to be subjected to tests, at the owner's expense,
in order to furnish proof of such compliance.
K.
Anything herein to the contrary notwithstanding, an owner, anyone
acting on behalf of the owner or any other person shall be entitled
to obtain a photocopy of a previously issued certificate of occupancy,
certificate of completion or letter in lieu thereof as a copy of a
public record; provided, however, that in such event the Village Clerk/Treasurer
shall endorse on said photocopy a statement indicating that no reliance
may be placed on the legal validity of said certificate or letter,
as the case may be, from the date of original issuance appearing thereon
unless and until such certificate or letter has been revalidated by
the Building Inspector, as provided in this section.
L.
No certificate of occupancy shall be deemed to validate any violation
of any provisions of this chapter or any other law or ordinance.
M.
The Building Inspector shall index all building code, zoning code,
and other violations issued by the Building Inspector, or by those
acting at his direction, against the records maintained for certificates
of occupancy by the Department of Building and Code Enforcement, and
any such violations shall be listed when any request is made for a
certificate of occupancy, a duplicate thereof, or for a letter in
lieu thereof.
[Amended 9-21-2010 by L.L. No. 1-2010]
A.
Applications for special permits.
(1)
Where a special permit is required by any provision of this
chapter, an application for such permit shall be made to the Board
of Trustees.
(2)
Any application for a special permit shall be made in writing
and contain such information and be in such form as may be required
by the Board of Trustees.
(3)
An application for a special permit shall be made only by the
owner of the property involved or by an agent authorized in writing
by the owner or by a person, firm or corporation or other business
entity under bona fide contract to purchase the same.
(4)
Where
required by the General Municipal Law, the application shall be forwarded
to the Nassau County Planning Commission for its review.
[Added 9-21-2010 by L.L. No. 1-2010]
(5)
When
an application for a special permit involves property that is within
500 feet of an adjacent municipality, as defined in § 239-nn
of the General Municipal Law, the Board of Trustees shall give notice
to the adjacent municipality by mail or electronic transmission to
the clerk of the adjacent municipality at least 10 days prior to any
hearing. Such adjacent municipality may appear and be heard.
[Added 9-21-2010 by L.L. No. 1-2010; 6-17-2014 by L.L. No.
8-2014]
B.
Public hearing. Before any decision on or authorization of a special
permit, the Board of Trustees shall hold a public hearing after due
notice. Notice shall be provided by the applicant to all those record
owners within 300 feet of the property which is the subject of the
application. Such notice shall be sent to the record landowners by
certified mail, return receipt requested, not less than 15 days before
the public hearing. Evidence of compliance with this section shall
be provided by the applicant prior to or at the public hearing.
[Amended 9-18-2007 by L.L. No. 6-2007]
C.
Standards. The Board of Trustees, in its consideration of and decision
on an application for a special permit, shall be guided (without limitations)
by the following standards and considerations:
(1)
The purposes of zoning set forth in the Village Law of the State
of New York.
(2)
That the proposed use is of such character, size, location,
design and site layout as to be appropriate to and in harmony with
the surrounding properties, the neighborhood and the Village.
(3)
That the proposed use is or will be necessary or desirable to
the neighborhood or Village in that it will provide a service, facility
or convenience or otherwise contribute to the proper growth and development
of the community and to its general welfare.
(4)
That the proposed use shall not be hazardous, inconvenient,
conflicting or incongruous to the surroundings, neighborhood or Village
by reason of excessive traffic, assembly of persons or vehicles, proximity
to normal travel routes or congregation of children or pedestrians.
(5)
That the location and size of the use, the nature and intensity
of the operations involved in or conducted in connection with it,
its site layout and its relation to streets giving access to it will
not be hazardous or inconvenient to the residential character of the
neighborhood or conflict with the normal traffic on the residential
streets.
(6)
That the proposed use, site layout, location, height, signs,
walls, fences and landscaping will not hinder or discourage the appropriate
use and development of adjacent uses or impair the value thereof.
(7)
That the proposed use, site layout, location, size or operation
will not be objectionable to nearby dwellings by reason of noise,
lights or other factors of impact.
(8)
That the proposed use, location, size, site layout and nature
of use will be a harmonious part of the district in which it is to
be situated.
(9)
That the location and size of the use, the nature and intensity
of the operations in or conducted in connection with it, its site
layout and its relation to streets giving access to it will be such
that vehicular traffic will not be more hazardous than the normal
traffic of the district, taking into account such factors as street
intersections, traffic flow, sight distances and pedestrian traffic.
D.
Authority.
(1)
The Board of Trustees, pursuant to this article, may authorize
a special permit and, furthermore, may impose such conditions, modifications
and safeguards as it deems appropriate, necessary or desirable to
preserve the intent of this chapter.
(2)
The Board of Trustees shall not authorize any special permit
for any use or purpose that is not specifically permitted in this
chapter.
(3)
Any decision with regard to an application for a special permit
shall be by a resolution of the Board of Trustees and shall include
a statement of the reasons therefor.
(4)
The Board of Trustees may make such rules as it deems appropriate
for implementing this article.
E.
Expiration, lapse, extension and reinstatement of special permit.
Any special permit granted pursuant to this chapter shall automatically
expire and be of no further force and effect six months after the
granting thereof unless, within such six-month period, substantial
construction shall have been commenced. Such construction must be
completed within one year of the date of commencement of substantial
construction. The Board of Trustees shall be authorized, upon application
and without hearing, to grant extensions of the special permit for
periods not to exceed six months in duration or to reinstate a lapsed
special permit for good cause shown.
F.
Extinguishment of special permit. Whenever a use established pursuant
to a special permit shall have been abandoned for a term of six months,
or whenever the location of such a use is substantially destroyed,
the land, building or structure in which said use shall have existed
shall not thereafter be used for the previously established special
use. Such six-month period of abandonment may be discontinued only
by 30 or more consecutive business days of operation. A use shall
be substantially destroyed if the cost to repair and replace the structure
exceeds 50% of the current structural replacement value thereof.
G.
Revocation of special permit. Any special permit granted pursuant
to this chapter shall be revocable on the order of the Board of Trustees
at any time upon the failure of the owner or the operator of the use
or structure covered by the special permit to observe all requirements
of this chapter with respect to the maintenance and conduct of the
use or structure or upon failure to observe all conditions in connection
with such permit. The Board of Trustees shall give the holder of the
special permit at least 10 days' written notice of violation. If within
such 10 days the special permit holder so requests, the Board of Trustees
shall hold a hearing on the revocation of such special permit and
shall give the applicant for the hearing at least 10 days' written
notice thereof either by certified mail, return receipt requested,
or by personal service. The foregoing provisions shall not be deemed
to preclude the use of any other remedy prescribed by law or by this
chapter or of any conditions of the special permit. The violation
of any condition imposed by the Board of Trustees as part of a special
permit shall constitute a violation of this chapter.
H.
Reimbursable expenses. No special permit shall be issued pursuant
to the provisions of this article until all expenses incurred by the
Board of Trustees for consultation fees (including engineering, architectural
and legal) or other extraordinary expenses in connection with the
review of the application are reimbursed to the Village by the applicant.
At the time of application, the applicant shall deposit with the Village
Clerk/Treasurer such amount to cover consultation fees and extraordinary
expenses as shall be established, from time to time, by resolution
of the Board of Trustees. In instances where such expenses are minimal,
the requirement for reimbursement of expenses may be waived by resolution
of the Board of Trustees.
I.
Fees. Application for any permit or renewal thereof required to be issued by the Board of Trustees shall be accompanied by a fee and deposit in accordance with § 470-115 of this chapter. The payment of any fee or deposit in connection with the application shall be a condition precedent to the acceptance of the application.
A.
Organization and membership. There shall be a Zoning Board of Appeals
in accordance with the provisions of the Village Law of the State
of New York. Said Board shall consist of five members and shall be
appointed as provided by statute. Each member of the Zoning Board
of Appeals shall complete, at a minimum, four hours of training each
year in accordance with § 7-712, Subdivision 7-a of the
Village Law.[1]
B.
Powers and duties. The Zoning Board of Appeals shall have all the
powers and duties prescribed by law and by this chapter, which are
more particularly specified as follows, provided that none of the
following provisions shall be deemed to limit any power of said Board
that is conferred by law:
(1)
Interpretation. Upon appeal from a 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)
Variances.
(a)
Use variances.
[1]
The Zoning Board of Appeals, on appeal from the decision or
determination of the administrative officer charged with the enforcement
of this chapter, shall have the power to grant use variances, as defined
herein.
[2]
"Use variance" shall mean the authorization by the Zoning Board
of Appeals for the use of land for a purpose which is otherwise not
allowed or is prohibited by the applicable zoning regulations.
[3]
No such use variance shall be granted by the 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
the 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.
[4]
When an application for a use variance involves property that is
within 500 feet of an adjacent municipality, as defined in § 239-nn
of the General Municipal Law, the Board of Trustees shall give notice
to the adjacent municipality by mail or electronic transmission to
the clerk of the adjacent municipality at least 10 days prior to any
hearing. Such adjacent municipality may appear and be heard.
[Added 9-21-2010 by L.L. No. 1-2010; amended 6-17-2014 by L.L. No.
8-2014]
[5]
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 proved 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 this chapter, to grant area variances as defined
herein.
[2]
"Area variance" shall mean the authorization by the Zoning Board
of Appeals for the use of land in a manner which is not allowed by
the dimensional or physical requirements of the applicable zoning
regulations.
[3]
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.
[4]
The Zoning Board of Appeals, in the granting of area variances,
shall grant the minimum variance that it shall deem necessary and
adequate and at the same time preserve and protect the character of
the neighborhood and the health, safety and welfare of the community.
(3)
Imposition of conditions. 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 consistent with the spirit and
intent of this chapter and shall be imposed for the purpose of minimizing
any adverse impact such variance may have on the neighborhood or community.[2]
(4)
Expiration, lapse, extension and reinstatement of variance.
Any variance granted pursuant to this chapter shall automatically
expire and be of no further force and effect six months after the
granting thereof unless, within such six-month period, substantial
construction shall have been commenced. Such construction must be
completed within one year of the date of commencement of substantial
construction. If construction is not completed within the one-year
period the variance shall automatically expire and be of no further
force and effect. The Zoning Board of Appeals shall be authorized,
upon application and without hearing, to grant extensions of the variance
for periods not to exceed six months in duration or to reinstate a
lapsed variance for good cause shown.
(5)
Extinguishment of variance. Whenever a use established pursuant
to a variance shall have been abandoned for a term of six months,
or whenever the location of such use is substantially destroyed, the
land, building or structure in which said use shall have existed shall
not thereafter be used for the previously established use. Such six-month
period of abandonment may be discontinued only by 30 or more consecutive
business days of operation. A structure shall be substantially destroyed
if the cost to repair and replace said structure exceeds 50% of the
current structural replacement value thereof.
(6)
Revocation of variance. Any variance granted pursuant to this
chapter shall be revocable on the order of the Zoning Board of Appeals
at any time upon the failure of the owner or the operator of the use
or structure covered by the variance to observe all requirements of
this chapter with respect to the maintenance and conduct of the use
or structure or upon failure to observe all conditions in connection
with such variance which were designated by the Zoning Board of Appeals
in issuing the same. Prior to revoking any such variance, the Zoning
Board of Appeals shall give the holder of the variance at least 10
days' written notice of violation. If within such 10 days the variance
holder so requests, the Zoning Board of Appeals shall hold a hearing
on the revocation of such variance and shall give the applicant for
the hearing at least 10 days' written notice thereof either by certified
mail, return receipt requested, or by personal service. The foregoing
provisions shall not be deemed to preclude the use of any other remedy
prescribed by law or by this chapter or of any conditions of the variance.
The violation of any condition imposed by the Zoning Board of Appeals
as part of a variance shall constitute a violation of this chapter.
C.
Procedure.
(1)
All appeals and applications made to the Board of Appeals shall
be in writing on forms prescribed by the Board. Each appeal or application
shall fully set forth the circumstances of the case. It shall refer
to the specific provision of this chapter that is involved and shall
exactly set forth, as the case may be, the interpretation that is
claimed on an allegation of error or the variance that is applied
for and the grounds on which it is claimed that the same should be
granted. The Secretary of the Board shall not receive nor shall the
Board consider any appeal or application that does not fully contain
the information required herein. Where required by the General Municipal
Law, the application shall be forwarded to the Nassau County Planning
Commission for its review.[3]
(2)
Any further proposal by the applicant or appellant in respect
to either any addition to or modification of the content of the proposal
covered by the application or appeal or any offer made in connection
therewith shall be made only in the form of an amended application
or appeal. The filing of any such amended application or appeal shall
terminate all proceedings on the original application or appeal and
shall require the holding of a new hearing, of which notice shall
be given as in the first instance.
(3)
Meetings, minutes and records. Meetings of such Zoning Board
of Appeals shall be open to the public to the extent provided in Article
7 of the Public Officers Law. Such Zoning Board of Appeals shall keep
minutes of its proceedings, showing the vote of each member upon every
question, or, if absent or failing to vote, indicating such fact,
and shall also keep records of its examinations and other official
actions.
(4)
Filing requirements. Every rule, regulation, every amendment
or repeal thereof, and every order, requirement, decision or determination
of the Zoning Board of Appeals shall be filed in the office of the
Village Clerk/Treasurer within five business days and shall be a public
record.
(5)
Assistance to Zoning Board of Appeals. Such Board shall have
the authority to call upon any department, agency or employee of the
Village for such assistance as shall be deemed necessary and as shall
be authorized by the Village Board of Trustees. Such department, agency
or employee shall be reimbursed by the applicant or appellant for
any expenses incurred as a result of such assistance.
(6)
Hearing appeals. Unless otherwise provided by local law, the
jurisdiction of the Zoning Board of Appeals shall be appellate only
and shall be limited to hearing and deciding appeals from and reviewing
any order, requirement, decision, interpretation, or determination
made by the administrative official charged with the enforcement of
this chapter. The concurring vote of a majority of the members of
the Zoning Board of Appeals shall be necessary to reverse any order,
requirement, decision or determination of any such administrative
official or to grant a use variance or area variance. Such appeal
may be taken by any person aggrieved or by an officer, department,
board or bureau of the Village other than the Board of Trustees.[4]
(7)
Time of appeal. Such appeal shall be taken within 60 days after
the filing of any order, requirement, decision, interpretation or
determination of the administrative official charged with the enforcement
of this chapter by filing with such administrative official and with
the Zoning Board of Appeals a notice of appeal, specifying the grounds
thereof and the relief sought. The administrative official from whom
the appeal is taken shall forth with transmit to the Zoning Board
of Appeals all the papers constituting the record upon which the action
appealed from was taken.
(8)
The applicant or appellant shall be required to provide notice
of the hearing upon a form approved by the Zoning Board of Appeals
to all record landowners within a three-hundred-foot radius of the
property which forms the subject of the appeal or application as said
record owners appear on the most current tax rolls of the Nassau County
Assessor's office. Such notice shall be sent to the record landowners
by certified mail, return receipt requested, not less than 15 days
before the public hearing. Evidence of compliance with this subsection
shall be provided by the appellant or applicant prior to or at the
public hearing. In addition, the Secretary of the Zoning Board of
Appeals shall publish notice of the hearing not less than 10 days
prior to the hearing date.
(9)
Stay upon appeal. An appeal shall stay all proceedings in furtherance
of the action appealed from unless the administrative official charged
with the enforcement of this chapter, from whom the appeal is taken,
certifies to the Zoning Board of Appeals, after the notice of appeal
shall have been filed with the administrative official, that by reason
of facts stated in the certificate a stay would, in his or her opinion,
cause imminent peril to life or property, in which case proceedings
shall not be stayed otherwise than by a restraining order which may
be granted by the Zoning Board of Appeals or by a court of record
on application, on notice to the administrative official from whom
the appeal is taken and on due cause shown. Any continued, new or
additional construction shall be deemed to cause imminent peril to
life or property.
(10)
Time of decision. The Zoning Board of Appeals shall decide upon
the appeal within 62 days after the conduct of said hearing. The time
within which the Zoning Board of Appeals must render its decision
may be extended by mutual consent of the applicant and the Board.[5]
(11)
Filing of decision and notice. The decision of the Zoning Board
of Appeals on the appeal shall be filed in the office of the Village
Clerk/Treasurer within five business days after the day such decision
is rendered and a copy thereof mailed to the applicant.
(12)
Rehearing. A motion for the Zoning Board of Appeals to hold
a rehearing to review any order, decision or determination of the
Board not previously reviewed may be made by any member of the Board.
A unanimous vote of all members of the Board then present is required
for such rehearing to occur. Such rehearing is subject to the same
notice provisions as an original hearing. Upon such rehearing the
Board may reverse, modify or annul its original order, decision or
determination upon the unanimous vote of all members of the Zoning
Board of Appeals, provided that the Board finds that the rights vested
in persons acting in good faith in reliance upon the reviewed order,
decision or determination will not be prejudiced thereby.
Fees and deposits for various permits, licenses and proceedings
authorized by this chapter shall be in the amounts set forth in the
Schedule of Fees and Deposits annexed to this chapter, which schedule
may be amended from time to time by resolution of the Board of Trustees.[1]
[1]
Editor's Note: The Schedule of Fees and Deposits is on file
at the office of the Village Clerk/Treasurer.
A.
Authority. In case any building or structure is erected, constructed,
reconstructed, altered, converted, located or maintained or any building,
structure, land or premises is used in violation of this chapter or
any regulation or requirement made pursuant thereto, or under authority
conferred thereby, in addition to other lawful remedies, the Board
of Trustees or, with its approval, the enforcement officer may, pursuant
to § 7-714 of the Village Law, institute any appropriate
action or proceedings to prevent such unlawful erection, construction,
alteration, conversion, repair, maintenance or use; to restrain, correct
or abate such violation; to prevent the occupancy of such building,
land or premises; or to prevent any illegal act, conduct, business
or use in or about such premises.
B.
Discovery of violation. The enforcement officer shall determine the
existence of violations of the provisions of this chapter through
such investigations as he or she shall conduct pursuant to the issuance
of building permits and certificates of occupancy and through the
prompt investigation of such written complaints as are filed with
him or her by persons having reason to believe that such violations
exist. The enforcement officer may also determine the existence of
such violations by means of investigations conducted at his or her
own initiative.
C.
Procedure for abatement of violations.
(1)
Notice of violation. Upon finding violation of the provisions
of this chapter, the enforcement officer shall serve written notice
either by personal service or certified mail, addressed to the premises
of such violation, on the person committing or permitting such violation
or on the owner of the property. Such notice shall specify the nature
of such violations as exist and specify a reasonable time limit of
not less then five days within which compliance shall be achieved.
(2)
Legal action. The enforcement officer shall, upon failure of
the responsible party to comply with a violation order within the
specified time, refer the matter to the Board of Trustees so that
the Board of Trustees may, by resolution, direct the Village Attorney
to undertake appropriate legal action against such party.
D.
Penalties for violation. Any person, corporation, or other entity,
whether as owner, lessee, architect, building contractor or the agent
or employee of any of them, who or which violates or is accessory
to the violation of any provision of this chapter or any regulation
made under the authority conferred by this chapter, or who or which
shall erect, construct, alter, enlarge, convert or move any building
or structure without a building permit or in violation of any statement
or plans submitted and approved under the provisions of this chapter,
or who or which shall use any building, structure or land in violation
of this chapter or any regulation made under the authority conferred
by this chapter or in violation of the provisions of any building
permit (including a special use permit) or without a building permit
or certificate of occupancy where one is required by this chapter
shall be guilty of an offense punishable by a fine of not more than
$1,000 or imprisonment of not more than 15 days, or both, for conviction
of a first offense; for conviction of a second offense both of which
were committed within a period of five years shall be punishable by
a fine of not more than $3,000 or imprisonment of not more than 15
days, or both; and, upon conviction for a third or subsequent offense
all of which were committed within a period of five years, shall be
punishable by a fine of not more than $5,000 or imprisonment of not
more than 15 days, or both. Each week during which a condition, building,
structure or use prohibited by this chapter or any requirement or
regulation made pursuant thereto (including the violation of a condition
imposed as part of a variance grant or as part of a special permit
issuance, the violation of which shall be a violation of this chapter)
continues or is maintained shall constitute a separate additional
violation.
[Amended 12-15-2009 by L.L. No. 6-2009]
The Board of Trustees may from time to time, on its own motion
or on petition, after such public notice and hearing as required by
the Village Law, amend, supplement or change the regulations and districts
herein established, in accordance with the Village Law and other applicable
laws.
