Village of Pittsford, NY
Monroe County
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Table of Contents
Table of Contents

§ 210-103 Designation of enforcement officer.

[Amended 12-14-1999 by L.L. No. 10-1999]
This chapter shall be enforced by the Village Clerk and the Village Building Inspector, who shall be appointed by the Board of Trustees. No building permit or certificate of occupancy shall be issued by him except where the provisions of this chapter have been complied with.

§ 210-104 Building permits.

A. 
No person, firm or corporation shall commence the erection, enlargement, alteration, improvement, conversion or change in the nature of the occupancy of any building or structure, or cause the same to be done, without first obtaining a separate building permit from the Village Clerk or the Village Building Inspector for each such building or structure, except that no building permit shall be required for the performance of ordinary repairs which are not structural in nature.
[Amended 12-14-1999 by L.L. No. 10-1999]
B. 
All work for which such a building permit has been issued shall be fully completed within one year from the date of the issuance of the permit therefor, and each permit for construction shall expire one year from the date of its issuance unless the Board of Trustees or Board of Appeals shall, upon application, extend the period within which the work may be completed and the duration of the permits therefor.
C. 
In connection with the work for which a building permit is required for any structure, other than a residential structure as is permitted in the R-1 through R-4 Residential Districts, no building permit shall be issued unless there are the seal and signature of a duly licensed architect or professional engineer on the plans and specifications on file in the Village Office. During construction, it shall be the responsibility of said architect or professional engineer or his designated representative to make periodic visits to the construction site to familiarize himself with the progress and quality of the construction and to determine, in general, if the construction is proceeding in accordance with the drawings, specifications and plans which have been submitted to the Village and constitute a basis for the issuance of the building permit. Said architect or professional engineer shall file reports with the Village Clerk at regular intervals indicating the times of such visits and the status of the construction and shall, in particular, contain notice to the Clerk of any defects or discrepancies affecting structural, fire, health or safety which said architect or professional engineer may observe. It is understood that any such defects or discrepancies shall be corrected by the permittee, and the architect or professional engineer shall advise the Village Clerk when such discrepancies have been corrected.
D. 
The Village Clerk or the Village Building Inspector may revoke a building permit theretofore issued and approved in the following instances:
[Amended 12-14-1999 by L.L. No. 10-1999]
(1) 
Where the Clerk or Building Inspector finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based.
(2) 
Where the Village Clerk or Building Inspector finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications.
(3) 
Where the permittee fails or refuses to comply with the stop order issued by the Village Clerk or other Village authority.

§ 210-105 Stop orders.

[Amended 10-27-2015 by L.L. No. 17-2015]
Whenever the Village Clerk or other responsible official of the Village of Pittsford, such as the Building Inspector, has reasonable grounds to believe that work on any building, structure, or premises, irrespective of the zoning area, is being prosecuted in violation of the provisions of the Code of the Village of Pittsford, the Zoning Code of the Village of Pittsford, applicable building codes, ordinances, rules or regulations or not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued or in an unsafe and dangerous manner, he shall notify the owner of the property or the owner’s agent or the person or corporation performing the work (the permittee) to suspend all work, and any such person shall forthwith stop such work and suspend all building activities until a stop order has been rescinded. Such stop order and notice shall be in writing, shall state the conditions under which the work may be resumed and may be served upon a person or corporation to which it is directed wether by delivering it personally to him or by posting same upon a conspicuous portion of the building under construction and sending a copy of the same by registered mail to the permittee or other person or corporation prosecuting the work.

§ 210-106 Right of entry.

[Amended 1-13-2015 by L.L. No. 2-2015]
In the course of performing the duties of the Building Inspector, the Code Enforcement Official, the Fire Marshal and Deputy Fire Marshal, the Stormwater Management Official or other authorized Village official, that requires access to a building or the premises thereof, shall show the proper credentials and request permission to enter said building or premises. If allowed, the official shall conduct the required inspection. If denied access, the official shall follow the legal procedure for obtaining a warrant to enter the building and/or premises. If the situation warrants, the official shall request law enforcement assistance in gaining the required access.

§ 210-107 Certificates of occupancy.

A. 
No building or land shall be used or changed in use wholly or in part nor shall any land be used or occupied until a certificate of occupancy shall have been issued by the Village Clerk or the Village Building Inspector stating that the building or proposed use complies with the provisions of this chapter. A like certificate shall be issued to maintain, renew, change or extend a nonconforming use.
[Amended 12-14-1999 by L.L. No. 10-1999]
B. 
For all instances in which a certificate of occupancy is required other than an R or Residential District, no certificate of occupancy shall be issued unless there shall be filed with the Village Clerk an affidavit of a registered architect and/or licensed professional engineer who filed the original plans and/ or specifications or of the registered architect or licensed professional engineer who supervised the construction of the work or the superintendent of construction who supervised the work and who, by reason of his experience, is qualified to superintend the work for which the certificate is sought. This affidavit shall state that the deponent has examined the approved plans and specifications of the structure for which the certificate of occupancy is sought and that the structure has been erected in accordance with the approved plans and specifications and, as erected, complies with the provisions of the State Uniform Fire Prevention and Building Code and all other laws governing building construction in the Village of Pittsford, New York.

§ 210-108 Certificate of existing use.

[Amended 12-14-1999 by L.L. No. 10-1999]
Upon written request from the owner, tenant or occupant, the Village Clerk or Village Building Inspector, after inspection, shall issue a certificate of existing use for any structure or premises legally existing at the time this chapter is made effective, certifying the extent and kind of use made of the structure or premises and whether such conforms to the provisions of this chapter.

§ 210-109 Temporary permits.

Upon written request of the Board of Appeals, the Village Clerk shall issue a temporary permit for the use or occupancy of a nonconforming structure or land, and, further, provided that such permit shall be limited to not more than a six-month period of time from date of issuance. Any temporary permit may be extended for a period of six months, but in no case shall it be extended for more than 18 months beyond the original date of issuance.

§ 210-110 Fees.

[Amended 1-9-1990 by L.L. No. 2-1990]
A. 
Fees for the initial application for a change of zone and/or a variance shall be as set forth from time to time by the Board of Trustees.
B. 
The Village Board of Trustees, Board of Appeals, Planning Board and Architectural Review Board in the review of applications made to them as provided for in this chapter, may refer any such application presented to them to such engineering, architectural, historical, planning, technical, environmental, or legal consultant, or attorney, as shall be reasonably necessary to enable them to review such application as required by law. The amount of the fee shall be determined by the respective Board and the professional consultant at the time the application is made. Each of the consultants shall estimate his fees based on the services to be rendered on behalf of the Village from a review of the application, including such documents, maps, plans, specifications, drawings and the like as may be a part of the same.
[Amended 12-12-2006 by L.L. No. 8-2006]
C. 
When the amount of the fee or fees has been determined, the applicant shall make an escrow deposit with the Village, equal to the amount of the fees so determined. This escrow deposit shall be utilized to pay the cost of the special consultant's fees involved. The applicant's application shall not be deemed complete until such time as said escrow deposit has been made. If during the course of the review the need for further specialist consultation is deemed reasonably necessary by the Board, the same cost estimate and escrow deposit procedure shall be followed.
D. 
Upon completion of said review and within a period of 45 days thereafter, the Board shall adopt a resolution specifying whether the escrow deposit amount specified was sufficient, excessive or insufficient. In the event that a respective Board should determine that said amount is excessive, then the balance shall be returned to the applicant. In the event that the Board should determine that the escrow deposit was insufficient, it shall so specify and the applicant shall be required to make payment of such additional amount.

§ 210-111 Notice of public hearing.

[Added 3-14-2000 by L.L. No. 4-2000]
A. 
All applicants to the Board of Appeals, Planning Board or Board of Trustees for variances, site plan approval, special exception uses, special permits, temporary permits or any other application or appeal shall be required to give notice of such application and public hearing in the following manner not less than 10 days immediately preceding the public hearing date or any adjourned date. Said notice(s) shall contain the type of application being made and the date, time and place of the public hearing.
B. 
The applicant shall be required to erect a sign provided by the Village Clerk on the premises of the subject property or properties facing each public street on which the property abuts. The sign shall be erected not more than 10 feet from the property line facing the public street and not less than two feet nor more than six feet above the grade at the property line. The sign shall be securely attached to durable material and protected from the elements. The applicant shall take reasonable care that the sign is visible to the public at all times during the prescribed time period.
C. 
The Village Clerk shall notify, by regular mail, all property owners within 300 feet of the subject property or properties. A copy of the notice, the list of property owners and their mailing addresses shall be provided to the appropriate Board by the Village Clerk prior to the public hearing.
D. 
The applicant shall provide, prior to the public hearing, an affidavit of compliance with the provisions of this section.

§ 210-112 Interpretation.

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements. 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 that imposing the highest standards shall govern.

§ 210-113 Board of Appeals. [1]

A. 
Creation; membership; terms. There is hereby established a Board of Appeals to be composed of five members, to be appointed by the Mayor, with the concurrence of the Board of Trustees. Each appointment shall be for a term of five years. One member of the Board of Appeals may reside outside of the Village, provided he or she is a resident of the town and county wherein the Village is located.
[Amended 6-9-2015 by L.L. No. 9-2015]
B. 
Powers and duties. The Board of Appeals shall have all the powers and duties granted by statute and by this chapter, which are more particularly specified as follows:
(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 line, if there is uncertainty with respect thereto.
(2) 
Special exception uses.
(a) 
After due notice and public hearing, the Board of Appeals may grant a special exception use permit upon the findings that the special exception use permit will:
[1] 
Comply with all regulations and requirements of this chapter and all other applicable ordinances of the Village of Pittsford as applicable to the subject property.
[2] 
Be in harmony with the general purpose and intent of this chapter, taking into account the location and size of the use, the nature and intensity of the operations involved or conducted in connection with it and the size of the site with respect to the streets giving access thereto.
[3] 
Not tend to depreciate the value of adjacent property, taking into account the possibility of screening or other protective measures.
[4] 
Not create a hazard to health, safety or general welfare.
[5] 
Not be detrimental to the flow of traffic in the vicinity.
[6] 
Not alter the essential character of the neighborhood nor be detrimental to the residents thereof.
(b) 
Where an application is made under any provision of this chapter for a special exception use, the mere showing of compliance with the applicable provisions of this chapter shall not ensure the granting of the special exception use. On such applications the Board of Appeals may consider any factors which affect the proper development of the district and community or which in any way affect or interfere with the public betterment and general welfare.
(3) 
Variances: upon due notice and public hearing, to vary or modify 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 difficulties or unnecessary hardship that would deprive the owner of the reasonable use of the land or building or structure involved, but in no other case. Any relief granted shall be only the minimum required to effect substantial justice.
(4) 
Temporary permits: upon due notice and hearing, and in accordance with the regulations on temporary permits (§ 210-109), to grant a temporary permit for occupancy and use of a structure or land that does not conform to the district requirements. Such permit shall be issued by the Village Clerk upon instruction by the Board of Appeals.
C. 
Procedure.
(1) 
The Board of Appeals shall act in strict accordance with the procedure specified by statute and by this chapter. All appeals and applications made to the Board shall be in writing on forms prescribed by the Board.[2]
[2]
Editor's Note: Former Subdivision (b), which dealt with advisory opinions of the Planning Board and which immediately followed this subsection, was deleted 10-10-1972.
(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. Minutes of Board of Appeals meetings shall be filed in the office of the Village Clerk with records of each special exception permit, temporary permit and variance granted.
D. 
Removal. The Mayor shall have the power to remove, after a public hearing, any member of the Zoning Board of Appeals for cause. A failure to attend at least 80% of the regularly scheduled meetings of this Zoning Board of Appeals in any calendar year shall constitute such cause for removal.
[Added 8-13-1996 by L.L. No. 7-1996]
[1]
Editor's Note: As to alternate members of the Board of Appeals, see Ch. 9, Boards and Commissions, Art. I, Alternate Members of Zoning Board of Appeals, Planning Board and Architectural Preservation Review Board.

§ 210-114 Planning Board. [1]

A. 
The Village of Pittsford Planning Board shall consist of five members, to be appointed by the Mayor, with the concurrence of the Board of Trustees. Each appointment or reappointment shall be for a term of five years. One member of the Planning Board may reside outside of the Village, provided he or she is a resident of the town and county wherein the Village is located.
[Amended 6-9-2015 by L.L. No. 9-2015]
B. 
Powers.
(1) 
Said members are hereby vested with the powers and duties and are subject to the limitations as set forth in §§ 7-720 through 7-732 of the Village Law of the State of New York,[2] as the same may be amended, modified or changed from time to time or any sections subsequently adopted pertaining to Planning Board. Such powers include but shall not be limited to:
(a) 
The approval, disapproval or modification of all preliminary and final site plans as provided for in this chapter.
(b) 
The approval, disapproval or modification of all subdivision plans.
(c) 
The approval, disapproval or modification of such other applications as are required to be submitted for review by the Planning Board.
[2]
Editor's Note: Sections 7-720, 7-725 and 7-726 were repealed by L. 1992, c. 663, eff. July 1, 1993. See now §§ 7-718 and 7-725-a.
(2) 
In its review, said Board shall consider those factors specified in § 210-84B and any other additional factors which may be relevant to the health, safety and welfare of the residents of the Village.
(3) 
In its review, the Planning Board may consult with the Village Engineer, Parks and Recreation Commission, Conservation Board, Monroe County Planning Department, Pittsford Fire Department and any other Village, town or county officials as well as representatives of federal and state agencies, including the Soil Conservation Service and the New York State Department of Environmental Conservation.
(4) 
The Planning Board is authorized, when reasonable, to waive, in whole or in part, any of those factors contained in § 210-84A as requirements for the approval, approval with modifications or disapproval of site plans submitted for approval. The requirements of § 210-84A may be waived only if one or more of the following is determined by the Planning Board:
[Added 5-12-1998 by L.L. No. 8-1998]
(a) 
Any such factor or part thereof is found not to be requisite in the interest of the public health, safety or general welfare.
(b) 
Any such factor is inappropriate to a particular site plan.
(c) 
Any such factor will not mitigate adverse impacts generated by the proposed project, or will not aid in the buffering of dissimilar uses.
C. 
The Planning Board shall establish such rules and regulations as are required by law in the provisions of this chapter for the transaction of its business and may amend, modify and repeal the same from time to time.
D. 
Removal. The Mayor shall have the power to remove, after a public hearing, any member of the Planning Board for cause. A failure to attend at least 80% of the regularly scheduled meetings of this Planning Board in any calendar year shall constitute such cause for removal.
[Added 8-13-1996 by L.L. No. 7-1996]
[1]
Editor's Note: As to alternate members of the Planning Board, see Ch. 9, Boards and Commissions, Art. I, Alternate Members of Zoning Board of Appeals, Planning Board and Architectural Preservation Review Board.

§ 210-115 Amendments.

The regulations and districts established under this chapter may be amended, supplemented, changed, modified or repealed in accordance with the terms and provisions of the Village Law of the State of New York, as the same shall be amended from time to time.

§ 210-116 Penalties for offenses.

Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $350 or imprisonment for a period not to exceed six months, 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, subject to a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, subject to a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.

§ 210-117 Periodic review.

Following the adoption of this chapter, the Board of Appeals and the Village Planning Board shall from time to time prepare and file, but in no instance at less than two-year intervals, an advisory report on the operations of this chapter, including recommendations as to amendments or changes thereto.