The duty of administering and enforcing the
provisions of this chapter is hereby conferred upon the Code Enforcement
Officer, who shall have such powers as are conferred upon him by this
chapter and as reasonably may be implied. He shall be appointed by
the Mayor, subject to the approval of the Board of Trustees, including
the Mayor.
A.
Examinations and inspections. It shall be the duty
of the Code Enforcement Officer, or his duly authorized assistants,
to cause any plans, buildings or premises to be examined or inspected
to determine that they are not in violation of the provisions of this
chapter.
B.
Orders. Where the Code Enforcement Officer, in the
course of his duties, determines that any plans, buildings, or premises
are in violation of the provisions of this chapter, he shall order
the responsible party, in writing, to remedy such conditions. Said
written order shall specify the nature of the violation found to exist,
the remedy ordered and the time permitted for such action, the penalties
and remedies which may be invoked by the Village, and the violator's
rights of appeal, all as provided for by this chapter.
C.
Cancellation of certificate of occupancy. On the serving
of notice by the Code Enforcement Officer to the owner of any violation
of any of the provisions of this chapter, the certificate of occupancy
for such building or use shall be held null and void. A new certificate
of occupancy shall be required for any further use of such building
or premises.
D.
Records. The Code Enforcement Officer shall maintain
a permanent record of all matters considered and all action taken
by him. Such records shall form a part of the records of his office
and shall be available for the use of the Village Board and other
officials of the Village. The records to be maintained shall include
at least the following:
(1)
Application file. An individual permanent file for
each application for a permit provided for by this chapter shall be
established at the time the application is made. Said file shall contain
one copy of the application and all supporting documents, maps, and
plans; notations regarding pertinent dates and fees, and the like;
as appropriate, one copy of the resolution of the Board of Appeals
in acting on the application; and the date the permit applied for
was issued or denied by the Code Enforcement Officer.
(2)
Monthly report. The Code Enforcement Officer shall
prepare a monthly report for the Village Board. Said report shall
cite all actions taken by the Code Enforcement Officer, including
all referrals made by him; all permits and certificates issued and
denied; and all complaints of violations received and all violations
found by him, and the action taken by him consequent thereon. A copy
of this monthly report shall also be transmitted by the Code Enforcement
Officer to the Tax Assessor, Zoning Board of Appeals and Board of
Appeals at the same time it is transmitted to the Village Board.
[Amended 6-14-2021 by L.L. No. 3-2021]
The certificates and permits enumerated herein are hereby established for the equitable enforcement and administration of the provisions of this chapter. A zoning permit or special use permit shall be a prerequisite to the issuance of a building permit, as prescribed by § 78-5 of Chapter 78 of this Municipal Code.
A.
Zoning permit. The Code Enforcement Officer is hereby
empowered to issue a zoning permit for any plans regarding the construction
or alteration of any building or part of any building, or the change
in the use of any land or building or part thereof, where he shall
determine that such plans are not in violation of the provisions of
this chapter.
B.
Special use permit. Upon written direction of the
Village Board, the Code Enforcement Officer is hereby empowered to
issue any special use permit provided for by this chapter.
C.
Certificate of occupancy. The Code Enforcement Officer
is hereby empowered to issue a certificate of occupancy, which shall
certify that all provisions of this chapter have been complied with
in respect to the location and use of the building, structure or premises
in question.
A.
Procedures for a zoning permit.
[Amended 6-14-2021 by L.L. No. 3-2021]
(1)
All applications for zoning permits shall be made to the Code Enforcement Officer in the detail specified in § 245-35. Where the proposed use is a residential use in a residential or agricultural district, the Code Enforcement Officer shall carefully consider the application and supporting documents for compliance with this chapter and either issue or deny the zoning permit applied for. When the application is for any other use in any zoning district, the Code Enforcement Officer shall, prior to the issuance of any permit, refer one copy of such plans, drawings and statements to the Zoning Board of Appeals and one copy to the Village Engineer for their review and recommendations. The Zoning Board of Appeals shall determine whether the proposed site plan and structures will compare favorably with community standards, other neighborhood improvements and the properly intended and planned appearance throughout any street or neighborhood.
(2)
The Zoning Board of Appeals shall, within 30 days
after receipt of said material, approve or disapprove the proposed
development or construction. In the event of disapproval, the reasons
shall be stated clearly to the Code Enforcement Officer in writing.
The Code Enforcement Officer shall deny a zoning permit for the proposed
construction until such conditions as the disapproval is based upon
have been corrected and written approval of the Zoning Board of Appeals
is obtained. The absence of a reply from the Zoning Board of Appeals
within the thirty-day period shall constitute approval, and the Code
Enforcement Officer shall proceed on the basis of such approval.
B.
Procedures for special use permit. All applications
for special use permits shall be made to the Code Enforcement Officer.
The Code Enforcement Officer, after determining that an application
is in the proper form, shall transmit one copy of the application
and all supporting documents to the Village Clerk for referral to
the Village Board for action thereon. At the same time, the Code Enforcement
Officer shall transmit one copy of the application and all supporting
documents to the Zoning Board of Appeals for review of the site plan
and for an evaluation of the proposed use and its relationship and
conformity to the goals and objective and policies established by
the Village Comprehensive Plan.
[Amended 10-19-2009 by L.L. No. 4-2009; 6-14-2021 by L.L. No. 3-2021]
(1)
The Zoning Board of Appeals shall review the application
and, within 30 days after the receipt of such application, make a
written report to the Village Board setting forth its findings and
recommendations concerning the application. In making its recommendations,
the Zoning Board of Appeals may suggest any revision to the site plan
or other plans as will, in its opinion, cause the proposed use to
be in substantial conformance with the Comprehensive Plan and its
principles of land use and development.
(2)
The Village Board shall conduct a public hearing on
applications referred to it by the Code Enforcement Officer in accordance
with the procedures and requirements established in § 7-725-b
of the Village Law.
(a)
If an application is approved by the Village
Board, the Code Enforcement Officer shall be furnished with a copy
of the approving resolution of the Board, and he shall issue the permit
applied for in accordance with the conditions imposed by the Village
Board.
(b)
If any application is disapproved by the Village
Board, the reasons for such denial shall be set forth in the Board's
resolution, and a copy of such resolution shall be transmitted to
the Code Enforcement Officer. The Code Enforcement Officer shall deny
the application accordingly by providing the applicant with a copy
of the Board's reasons for disapproval.
C.
Procedures for a certificate of occupancy. Following
the completion of the construction, reconstruction, or alteration
of any building, or where a change in the use of a structure is proposed,
the applicant shall transmit, by registered mail, to the Code Enforcement
Officer a letter stating that such construction has been completed
or that a new use has been proposed. Within seven days of the receipt
of this letter, the Code Enforcement Officer shall make all necessary
inspections of the completed structure and proposed use to determine
conformance with this chapter. A certificate of occupancy shall be
issued only if the Code Enforcement Officer finds that the construction
and proposed use comply with all the requirements and provisions of
this chapter.
Each application for a zoning permit or special
use permit shall be made in triplicate and with an accompanying site
plan. The materials to be submitted with each application shall clearly
show the conditions on the site at the time of the application, the
features of the site which are to be incorporated into the proposed
use or building, and the appearance and function of the proposed use
or building. As a minimum, the application shall include the following
information and plans for both "before" and "after" conditions:
A.
The location, use, design and dimensions and height
of each use and building.
B.
The location and arrangement of vehicular accessways
and the location, size and capacity of all areas used for off-street
parking, loading and unloading.
C.
The location and dimensions of sidewalks, walkways
and other areas established for pedestrian use.
D.
The design and treatment of open areas, buffer areas
and screening devices maintained, including dimensions of all areas
devoted to lawns, trees and other landscaping devices.
E.
Provisions for water supply, sewage disposal, and storm drainage, including a stormwater pollution prevention plan (SWPPP), if required for the proposed development under Chapter 191 of this Code, together with the recommendation of the Stormwater Management Officer to approve, approve with modifications, or disapprove the SWPPP pursuant to § 191-4B of this Code. If a SWPPP is submitted in accordance with this section the site plan shall not be approved unless the SWPPP and site plan comply with the requirements of Chapter 191 of this Code.
[Amended 12-28-2007 by L.L. No. 4-2007]
F.
Such other data and plans as the Code Enforcement
Officer, the Board of Appeals or the Zoning Board of Appeals may require
to properly take action on the application.
[Amended 6-14-2021 by L.L. No. 3-2021]
Each application for a permit provided for by this article shall be accompanied by a fee as established by the Village Board in Chapter 78, entitled "Construction Codes, Uniform."
[Amended by L.L. No. 2-1985; 12-4-2006 by L.L. No. 4-2006]
A.
A Board of Appeals is hereby created. Said Board shall
consist of five members. The Mayor shall appoint the Board of Appeals
and the Chairman thereof, subject to the approval of the Board of
Trustees. No person who is a member of the Village Board shall be
eligible for membership on such Board of Appeals. Of the members of
the Board first appointed, one shall hold office for the term of one
year, one for the term of two years, one for the term of three years,
one for the term of four years, and one for the term of five years
from and after his appointment. Their successors shall be appointed
for terms of five years from and after the expiration of the terms
of their predecessors in office. If a vacancy shall occur otherwise
than by expiration of term, it shall be filled by the Village Board
by appointment for the unexpired term.
[Amended 10-19-2009 by L.L. No. 4-2009]
B.
Alternate Zoning Board members. The Mayor shall have
the right to appoint annually, subject to the approval of the Trustees,
five alternate members (first, second, third, fourth, and fifth to
the Board), and such alternate members shall have all the requirements
for eligibility of regular Board members. Alternate members, upon
the authorization of the Board Chair, shall enjoy the same rights
and privileges as regular Board members, including the right to participate
in all discussions; provided, however, that an alternate member shall
be entitled to vote only when a regular Board member is not present
or is disqualified from voting. When a Board member will not be voting,
the Board Chair shall authorize such Board member's voting authority
to be the first alternate and, if in his/her absence, to the second
alternate, etc. Any further reference herein to Board members shall
include any alternate, unless otherwise indicated.
[Amended 6-14-2021 by L.L. No. 4-2021]
The Board of Appeals shall have all the powers
and duties prescribed by § 7-712 of the Village Law and
by this chapter, which are more particularly specified as follows:
A.
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.
B.
Temporary use permits: to hear and decide upon applications
for such permits as specified in this chapter.
C.
Variances:
(1)
Use variances and area variances shall be granted
by the Board of Appeals in accordance with the guidelines set forth
in Village Law § 7-712-b.
[Amended 10-19-2009 by L.L. No. 4-2009]
(2)
In granting any variance, the Board of Appeals shall
prescribe any conditions that it deems to be necessary or desirable.
A.
Generally. The Board of Appeals shall act in strict accordance with
the procedure specified by law and by this chapter. All appeals and
applications made to the Board shall be in writing, on forms prescribed
by the Board and available from the Code Enforcement Officer. Every
appeal or application shall refer to the specific provision of the
chapter involved and shall exactly set forth the interpretation that
is claimed, the use for which the special permit is sought, or the
details of the variance that is applied for and the grounds on which
it is claimed that the variance should be granted, as the case may
be.
[Amended 12-11-2017 by L.L. No. 3-2017]
B.
Board of Appeals office. The office of the Village
Clerk shall be the office of the Board of Appeals; and every rule,
regulation, amendment, or repeal thereof and every order, requirement,
decision, or determination of the Board shall immediately be filed
in said office as required by § 7-712 of the Village Law.
C.
Notice of Board of Appeals hearings. The Board of
Appeals shall fix a reasonable time for the hearing of appeals and
shall give due notice of the time set for the hearing to the applicant.
Such notice shall be served upon the applicant. Public notice shall
be by the publication of a notice in the official newspaper of the
Village and shall briefly describe the nature of the appeal and the
time and place of the hearing. The Board of Appeals shall follow all
of the procedures specified in § 21-2100 and § 21-2102
of the Village Law for the notice and conduct of hearings. The applicant
shall, at least 15 days prior to the date of the hearing, give notice,
in writing, by registered mail or by service in person, with adequate
proof of contact thereof, to all property owners within 200 feet of
the property to be affected by said appeal or to all property owners
of contiguous land or properties adjoining said property to be affected
and other interested property owners as may be designated by the Board
of Appeals. The applicant must furnish proofs of service in writing
and properly notarized.
