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.
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.
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.