[Amended 5-23-1989 by L.L. No. 2-1989]
A.
General sequence of steps. All persons desiring to undertake any
new construction, structural alteration or changes in the use of a
building or lot shall apply to the Zoning Officer for a building permit–certificate
of zoning compliance by filling out the appropriate application form
and by submitting the required fee. The Zoning Officer will then either
issue or refuse the building permit–certificate of zoning compliance
or refer the application to the Board of Appeals. After the building
permit–certificate of zoning compliance has been received by
the applicant, he may proceed to undertake the action permitted in
the building permit–certificate of zoning compliance and, upon
completion of such action, shall apply to the Zoning Officer for a
certificate of occupancy. If the Zoning Officer finds that the action
of the applicant has been taken in accordance with the building permit–certificate
of zoning compliance, he will then issue a certificate of occupancy
allowing the premises to be occupied.
B.
Building permit–certificate of zoning compliance types. Under
the terms of this chapter, the following classes of building permits–certificates
of zoning compliance may be issued:
(1)
Permitted use. A building permit–certificate of zoning compliance
for a permitted use may be issued by the Zoning Officer of his own
authority.
(2)
Special uses. A building permit–certificate of zoning compliance
for a special use may be issued by the Zoning Officer after review
by the Planning Board[1] and upon the order of the Board of Appeals.
(3)
Building permit–certificate of zoning compliance after an appeal
or a request for a variance. A building permit–certificate of
zoning compliance may be issued by the Zoning Officer upon the order
of the Board of Appeals and after a public hearing held by the Board
of Appeals for the purpose of deciding upon the appeal or a request
for a variance.
[Amended 5-23-1989 by L.L. No. 2-1989]
This chapter shall be enforced by the Zoning Officer, who shall
be appointed by the Village Board of Trustees. No building permit — certificate
of zoning compliance or certificate of occupancy shall be issued by
him except where all the provisions of this chapter have been complied
with.
[Amended 5-23-1989 by L.L. No. 2-1989]
A.
General. No building or structure shall be erected, added to or structurally
altered until a permit therefor has been issued by the Zoning Officer.
Except upon a written order of the Board of Appeals, no such building
permit–certificate of zoning compliance 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.
B.
Information necessary for application. There shall be submitted with
all applications for building permits–certificates of zoning
compliance 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.
C.
Public record. One copy of such layout or plot plan shall be returned
when approved by the Zoning Officer, together with such permit, to
the applicant upon the payment of a fee as indicated in this Article.
The second copy with a copy of each application with accompanying
plan shall become a public record after a permit is issued or denied.
D.
Water supply and sewage disposal. All water supply and sewage disposal
installations shall conform to the New York State Department of Health
regulations. No plot plan shall be approved by the Zoning Officer
in any zone unless such conformity is certified on the plan. Drainage
affecting adjacent properties shall be considered by the Zoning Officer
before issuing a building permit–certificate of zoning compliance,
including possible runoffs to said properties.
E.
Issuance of permits.
(1)
It shall be the duty of the Zoning Officer to issue a building permit–certificate
of zoning compliance, provided that he is satisfied that the structure,
building, sign and parking area of premises and the proposed use thereof
conform to all requirements of this chapter and that all other reviews
and actions, if any called for in this chapter, have been complied
with and all necessary approvals secured therefor.
(2)
All building permits—certificates of zoning compliance shall
be issued in duplicate, and one copy shall be kept conspicuously on
the premises affected and protected from the weather whenever construction
work is being performed thereon. No owner, contractor, workman or
other person shall perform any building operations of any kind unless
a building permit—certificate of zoning compliance covering
such operation has been displayed as required by this chapter, nor
shall they perform building operations of any kind after notification
of the revocation of said building permit–certificate of zoning
compliance.
F.
Denial of permits. When the Zoning Officer is not satisfied that
the applicant's proposed development will meet the requirements of
this chapter, he shall refuse to issue a building permit–certificate
of zoning compliance, and the applicant may appeal to the Board of
Appeals for a reversal of the Zoning Officer's decision.
G.
Expiration of building permit–certificate of zoning compliance.
A building permit–certificate of zoning compliance shall expire
after one year if the applicant fails to implement his application
as filed with the Zoning Officer.
H.
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, rules or regulations, he may forthwith
revoke the building permit–certificate of zoning compliance,
whereupon it shall be the duty of the person holding the same to surrender
it and all copies thereof to said Zoning Officer. After the building
permit–certificate of zoning compliance has been revoked, the
Zoning Officer may, at his discretion, before issuing the new building
permit–certificate of zoning compliance require the applicant
to file an indemnity bond in the favor of the Village of Dundee with
sufficient surety conditioned for compliance with this chapter and
all building laws and chapters then in force and in a sum sufficient
to cover the cost of removing the building if it does not so comply.
I.
Special uses. All such applications shall be accompanied by plans
and such other information as may be required in this chapter.
A.
General. 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 Officer,
stating that the buildings or proposed use thereof complies with the
provisions of this chapter and all other provisions of this Code.
B.
Maintenance, renewal, change or extension of nonconforming use. No
nonconforming use shall be maintained, renewed, changed or extended
without a certificate of occupancy (certificate of existing use therefor)
having first been issued by the Zoning Officer. No existing building
or structure devoted to a nonconforming use shall be enlarged, extended,
reconstructed or structurally altered except as follows:
(1)
Restoration. Any nonconforming building or structure which, as a
result of fire, explosion or other casualty, is destroyed, said nonconforming
building or structure may be restored, reconstructed or used as before,
provided that the bulk, height and area requirements shall not be
in excess of that which existed prior to said damage. Such restoration
must be completed within two years of such occurrence, or the use
of such building, structure or land as a legal nonconforming use shall
thereafter be terminated.
(2)
Maintenance of structure.
(a)
Normal maintenance repairs and incidental alteration of a building
or structure containing a nonconforming use shall be permitted, provided
that said repairs and alterations do not extend the volume or area
of space occupied by the nonconforming use.
(3)
Change of use. A nonconforming use or structure may be changed to
another nonconforming use of an equal or more restricted classification,
provided that no structural change, enlargement, extension or reconstruction
is made.
(4)
Abandonment. The discontinuance of a nonconforming use for a period
of one year and/or the change of use to a more restrictive or conforming
use for any period of time shall be considered an abandonment thereof,
and such nonconforming use shall not thereafter be revived. Intent
to resume active operations shall not constitute continuance of a
nonconforming use.
C.
Application for certificate of occupancy. All certificates of occupancy
shall be applied for coincident with the application for a building
permit—certificate of zoning compliance. Said certificate shall
be issued within 10 days after the erection or alteration shall have
been approved as complying with the provisions of this chapter.
[Amended 5-23-1989 by L.L. No. 2-1989]
D.
Record. The Zoning 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.
E.
Application mandatory. No permit for excavation for, or the erection
or alteration of, or repairs to any building shall be issued until
an application has been made for a certificate of occupancy.
[1]
Editor's Note: Former § 138-33, Review by Planning
Board, was repealed 9-14-2021 by L.L. No. 2-2021.
Whenever a violation of this chapter occurs, any person may
file a complaint in regard thereto. All such complaints must be in
writing and shall be filed with the Zoning Officer who shall properly
record such complaint and immediately investigate and report thereon
to the Village Board.
[Amended 5-23-1989 by L.L. No. 2-1989]
In case any building or structure is erected, constructed, reconstructed,
altered, repaired, converted or maintained, or any building, structure
or land is used in violation of this chapter, or of any rule or regulation
made under authority conferred hereby, the Board of Trustees or, with
their approval, the Zoning Officer or other proper official, in addition
to other remedies, may institute any appropriate action of proceedings
to prevent such unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use, to restrain, correct or abate
such violation, to prevent the occupancy of said building, structure
or land, or to prevent any illegal act, conduct, business or use in
or about such premises.
Appeal from Zoning Officer.
A.
Procedure for appellant.
(1)
An appeal to the Board of Appeals from any ruling of any administrative
officer administering any portion of this chapter may be taken by
any person aggrieved, or by an officer, board or agency of the Village
affected thereby. Such appeal shall be taken to the Board of Appeals
by filing with the Secretary thereof a notice of appeal, specifying
the grounds therefor.
(2)
All applications and appeals made to the Board of Appeals shall be
in writing on forms prescribed by the Zoning Officer. Every application
or appeal shall refer to the specific provision of this chapter and
shall exactly set forth the interpretation that is claimed, the plans
for a special use or the details of the variance that is applied for,
in addition to the following information:
(a)
The name and address of the applicant (appellant).
(b)
The name and address of the owner of the district lot to be
affected by such proposed change or appeal.
(c)
A brief description and location of the district lot to be affected
by such proposed change or appeal.
(d)
A statement of the present zoning classification of the district
lot in question, the improvements thereon and the present use thereof.
(e)
A reasonably accurate description of the present improvements
and the additions or changes intended to be made under this application,
indicating the size of such proposed improvements, material and general
construction thereof. In addition, there shall be attached a plot
plan of the real property to be affected, indicating the location
and size of the lot and size of improvements thereon and proposed
to be erected thereon.
B.
Procedure for Zoning Officer.
(1)
The notice of appeal in any case where a permit has been granted
or denied by the Zoning Officer shall be filed within such time as
shall be prescribed by the Board of Appeals under general rule after
notice of such action granting or denying the permit has been mailed
to the applicant. The Zoning Officer shall forthwith transmit to the
Board of Appeals all papers constituting the record upon which the
action appealed from was taken or, in lieu thereof, certified copies
of said papers.
(2)
It shall be competent for the Zoning Officer to recommend to the
Board of Appeals a modification or reversal of his action in cases
where he believes substantial justice requires the same but where
he has not himself sufficient authority to grant the relief sought.
C.
Procedure for the Board of Appeals. The Board of Appeals shall decide
each appeal within 60 days after a final hearing. Upon the hearing
any party may appear in person or be represented by an agent or attorney.
The Board of Appeals decision shall be immediately filed in its office
and be a public record. In the exercise of its functions upon such
appeals or upon exceptions, the Board of Appeals may, in conformity
with the provisions of this chapter, reverse or affirm, wholly or
partly, or modify the order, requirement, decision or determination
appealed from or may make such order, requirement, decision or determination
in accordance with the provisions hereof.
D.
Expiration of appeal decision. Unless otherwise specified by the
Board of Appeals, a decision on any appeal or request for a variance
shall expire if the applicant fails to obtain any necessary building
permit—certificate of zoning compliance or comply with the conditions
of said authorized permit within six months from the date of authorization
thereof.
[Amended 5-23-1989 by L.L. No. 2-1989]
E.
Stay of proceedings. An appeal shall stay all proceedings in furtherance
of the action appealed from unless the Zoning Officer certifies for
the Board of Appeals, after the notice of appeal shall have been filed,
that by reason of facts stated in the certificate, they would, in
his 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 Board of Appeals or by the Supreme Court
on application, on notice to the Zoning Officer and on due cause shown.
F.
Appeal from decision of the Board of Appeals. All decisions of the
Board of Appeals are subject to court review in accordance with applicable
laws of the State of New York.
The Board of Appeals shall fix a reasonable time for the hearing
of the appeal or other matter referred to it and shall give public
notice thereof by the publication in the official paper of a notice
of such hearing at least five days prior to the date thereof.
A.
When appealing action of the Zoning Officer. In case of an appeal
alleging error or misinterpretation in any order or other action by
the Zoning Officer, the following persons shall be notified: the appellant
and the person or persons, if any, who benefit from the order, requirement,
regulation or determination.
B.
When appealing for variance, special use. In case of an appeal for
a variance or in case an application for a special exception use,
as provided for in this chapter, notification shall be made to all
interested parties and publication of the hearing shall be published
in the official newspaper at least once and a minimum of five days
prior to the hearing. As a courtesy, the Village can notify landowners
within a two-hundred-foot radius of the subject property.
[Amended 5-23-1989 by L.L. No. 2-1989]
C.
Adjournment of hearing. Upon the day for hearing any application
or appeal, the Board of Appeals may adjourn the hearing for a reasonable
period for the purpose of causing such further notice as it deems
proper to be served upon such other property owners as it decides
may be interested in said application or appeal.
D.
Required interval for hearings on applications and appeals after
denial. Whenever the Board, after hearing all the evidence presented
upon the application or appeal, under the provisions of this chapter,
denies the same, the Board of Appeals shall refuse to hold further
hearings on said or a substantially similar application or appeal
by the same applicant, his successor or assign for a period of one
year, except and unless the Board of Appeals shall find and determine
from the information supplied by the request for a rehearing that
changed conditions have occurred relating to the promotion of the
public health, safety, convenience, comfort, prosperity and general
welfare, and that a reconsideration is justified. Such rehearing would
be allowable only upon a motion initiated by a member of the Board
of Appeals and adopted by a majority of all members.
E.
Referral to County Planning Board. Where referral to the County Planning
Board is required by law prior to taking final action, the Board of
Appeals shall refer such application to the County Planning Board
in accordance with General Municipal Law §§ 239-1 and
239-m.
Fees for the issuance of permits, appeals, amendments and other
zoning actions shall be paid to the Village at the office of the Zoning
Officer upon the filing of an application and in accordance with the
schedule of fees established by the Village Board.
[Added 9-14-2021 by L.L. No. 2-2021]
The Board of Trustees shall act in the place of a Planning Board
for the Village of Dundee pursuant to Village Law §§
7-718, 7-725-a, 7-225-b, 7-728, 7-730, 7-732 and 7-738 to the extent
inconsistent with the same and to the extent permitted by the New
York State Constitution, the Municipal Home Rule Law or any other
statute determined to be in conflict with the provisions hereof and
shall comply with the procedural provisions thereof.
[Added 9-14-2021 by L.L. No. 2-2021]
A.
Action by resolution. Every action of the Board of Trustees required
by law, rule or regulation with respect to land use matters shall
be embodied in a formal resolution duly entered in full upon the Minutes
after an affirmative vote.
B.
Conflicts of interest. Any application, petition or request brought
before the Board of Trustees for action on any land use matter pursuant
to any New York State law, local law, ordinance or regulation, shall
state the name and nature of interest of any municipal officer or
employee of the Village of Dundee as defined in Section 809, Article
18, of the General Municipal Law. Any member of the Board of Trustees
having any conflict of interest in any such matter brought before
the Board shall explain the conflict of interest on the record of
the Board of Trustees and recuse himself or herself from any consideration,
discussion or vote upon such matter. Such recusal and the reasons
therefore shall be set forth in the minutes of the meetings of the
Board of Trustees.
C.
Application procedures.
(1)
Processing of applications. The Code Enforcement Officer is
hereby authorized to receive applications, petitions, and communications
on behalf of the Board of Trustees regarding any land use issue which
would require action, pursuant to New York State law or regulations,
as well as the provisions of the Code of the Village of Dundee by
a Village Planning Board. The Code Enforcement Officer shall immediately
notify the Village Clerk and transmit to said Village Clerk any application
forms, letters or other materials pertaining to such application.
The Village Clerk shall request the Mayor to call a special meeting
of the Board of Trustees if any official action on such forms, letters
or materials is required prior to the next regularly scheduled meeting
of the Board of Trustees.
(2)
Mayor presides.
(a)
The Mayor shall preside over all land use matters before the
Board of Trustees.
(b)
The signature of the Mayor shall be endorsed upon all papers
and documents requiring a signature by reasons of the requirement
of law, with respect to land use matters. Such signature shall be
endorsed upon such papers only pursuant to the direction of the Board
of Trustees embodied in a duly adopted resolution or motion so directing,
and shall be signed by the Mayor.
(3)
Training. All Board of Trustees members shall complete a minimum
of four hours training each year in the area of land use regulation.
(4)
The Board of Trustees may adopt by local law such rules as it
deems appropriate with respect to its functions in place of the Planning
Board as is permitted by state law.
[Added 9-14-2021 by L.L. No. 2-2021]
A.
Authority.
(1)
The Board of Trustees is hereby empowered to grant special use permit approval in accordance with the provisions of § 7-725-b of the New York State Village Law and the powers reserved to the Village pursuant to the Municipal Home Rule Law. Those identified activities and developments requiring special use permit approval as a prerequisite shall also require site plan approval in accord with Article VIIA of this chapter.
(2)
The Board of Trustees shall hold a public hearing, give notice
to the applicant and County Planning Board, if required pursuant to
GML § 239-m, and make a decision on the issuance of the
special use permit in accord with the requirements of § 274-b
of the New York State Village Law.
(3)
The specified uses requiring a special use permit are hereby
declared to possess unique characteristics, so that each proposal
for any such use shall be considered by the Board of Trustees as an
individual case. Special use permits may be approved by the Board
of Trustees and issued by the Code Enforcement Officer only after
the Board of Trustees has found that each and all of the following
standards have been met:
(a)
The proposed special use is consistent with the general intent
of the Town's Comprehensive Plan and with each of the specific
purposes set forth in this chapter.
(b)
The location, size and use of the structures involved, nature
and intensity of the operations involved and size and layout of the
site in relation to the proposed special use are such that it will
be compatible with the orderly development of the use district.
(c)
Operation of the proposed special use is no more objectionable
to the uses of nearby properties, by reason of dust or smoke emission,
noise, odors, fumes, pollution of air or water, including subsurface
waters, unsightliness or similar conditions, than would the operation
of any permitted use.
(d)
The Board of Trustees may impose additional conditions or restrictions
as it may deem necessary prior to approving any special use permit
application in order to protect public health and safety, the quality
of the Village's natural resource base and the value of property.
(e)
No site preparation or construction shall commence nor shall
existing structures be occupied for any special permit use until final
site plan approval has been granted by the Board of Trustees and zoning,
building or occupancy permits have been issued by the Code Enforcement
Officer.
(f)
Any special use permit which is not exercised within one year
from the date of issuance shall thereon automatically expire.
(g)
The Code Enforcement Officer shall make an on-site visit to
each property authorized as a special use not less than one time each
year. The purpose of said visit is to ensure that the use is being
operated in accord with the conditions specified by the Board of Trustees.
In the event that the Code Enforcement Officer shall determine that
a violation of this chapter or the conditions imposed by the Board
of Trustees exists, the certificate of occupancy and/or compliance
shall be null and void. A new special use permit application shall
be required to be submitted and approved prior to the reestablishment
of said use.
