§ 267-33Building permits.
§ 267-34Zoning Officer.
§ 267-35Certificates of occupancy.
§ 267-36Planning Board.
§ 267-37Violations.
§ 267-38Appeals.
§ 267-39Public hearings and notice.
§ 267-40Fees.
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 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 in the R-1 Zone or refer the application to the Zoning Board of Appeals. After the building permit has been received by the applicant, he may proceed to undertake the action permitted in the building permit, 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, he will then issue a certificate of occupancy allowing the premises to be occupied.
Building permit types. Under the terms of this chapter, the following classes of building permits may be issued:
Permitted use. A building permit for a permitted use within the R-1 Zone may be issued by the Zoning Officer on his own authority. All other permits shall be reviewed by the Planning Board.
Special uses. A building permit for a special use may be issued by the Zoning Officer after review by the Planning Board and upon the order of the Village Board.
Building permit after an appeal or a request for a variance. A building permit may be issued by the Zoning Officer upon the order of the Zoning 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.
This chapter shall be enforced by the Zoning Officer, who shall be appointed by the Village Board. No building permit or certificate of occupancy shall be issued by him except where all the provisions of this chapter have been complied with.
Building permits.
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 Zoning Board of Appeals, no such building permit 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.
Information necessary for application. There shall be submitted with all applications for building permits 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.
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.
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, including possible runoffs to said properties.
Issuance of permits.
It shall be the duty of the Zoning Officer to issue a building permit, provided that he is satisfied that the structure, building, sign, 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.
All building permits 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 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.
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 and the applicant may appeal to the Zoning Board of Appeals for a reversal of the Zoning Officer's decision.
Expiration of building permit. A building permit shall expire after one year if the applicant fails to implement his application as filed with the Zoning Officer.
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 or ordinances, he may forthwith revoke the building permit, 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 has been revoked, the Zoning Officer may, in his discretion, before issuing the new building permit, require the applicant to file an indemnity bond in the favor of the Village of Blasdell with sufficient surety, conditioned for compliance with this chapter and all building laws and ordinances then in force and in a sum sufficient to cover the cost of removing the building if it does not so comply.
Special uses. All such applications shall be accompanied by plans and such other information as may be required in this chapter.
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 comply with the provisions of this chapter.
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.
Application for certificate of occupancy. All certificates of occupancy shall be applied for coincident with the application for a building permit. 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.
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.
Applications 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.
Referral from the Board. The Zoning Board of Appeals shall refer to the Planning Board all applications or appeals which, in its opinion, require review by the Planning Board.
Criteria for review. The Planning Board shall review such applications in accordance with applicable criteria set forth in Article IV.
Report to the Board of Appeals. The Planning Board may approve, disapprove or approve subject to conditions or modifications and shall report its findings to the Zoning Board of Appeals within 30 days of receipt thereof; such report shall state all recommended conditions and modifications and the reasons for such approval or disapproval.
Complaints of violations. 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 governing body.
Violations and penalties. A violation of this chapter is an offense punishable by fine not exceeding $50 for any offense, recoverable with costs, together with judgment or imprisonment not exceeding six months if the amount of said judgment is not paid. Each week that a violation is permitted shall constitute a separate offense.
Procedure for abatement of violations. 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 ordinance or regulation made under authority conferred hereby, the governing body or, with its approval, the Zoning Officer or other proper official, in addition to other remedies, may institute any appropriate action or 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.
Procedure for appellant.
An appeal to the Zoning 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 bureau of the village affected thereby. Such appeal shall be taken to the Zoning Board of Appeals by filing with the Secretary thereof a notice of appeal, specifying the grounds therefor.
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:
The name and address of the applicant or appellant.
The name and address of the owner of the district lot to be affected by such proposed change or appeal.
A brief description and location of the district lot to be affected by such proposed change or appeal.
A statement of the present zoning classification of the district lot in question, the improvements thereon and the present use thereof.
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.
Procedure for Zoning Officer.
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 Zoning 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 Zoning 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.
It shall be competent for the Zoning Officer to recommend to the Zoning 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.
Procedure for the Zoning Board of Appeals. The Zoning Board of Appeals shall decide each appeal within a reasonable time. Upon the hearing, any party may appear in person or be represented by an agent or attorney. The Zoning 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 Zoning 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.
Expiration of appeal decision. Unless otherwise specified by the Zoning 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 or comply with the conditions of said authorized permit within six months from the date of authorization thereof.
Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Officer certifies to the Zoning Board of Appeals, after the notice of appeal shall have been filed, that, by reason of facts stated in the certificate, a stay 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 Zoning Board of Appeals or by the Supreme Court on application, on notice to the Zoning Officer and on due cause shown.
Appeal from decision of Zoning Board of Appeals. All decisions of the Zoning Board of Appeals are subject to court review in accordance with applicable laws of the State of New York.
The Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and 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, and shall, at least five days before such hearing, mail notices thereof to the following officials, persons and owners of properties involved.
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.
When appealing for variance or special use. In case of an appeal for a variance or in case of an application for a special exception use, as provided for in this chapter, the following persons shall be notified: all owners of property within 500 feet of the nearest line of the property for which the variance or special exception use is sought and such other property owners as the Chairman of the Zoning Board of Appeals may direct.
Adjournment of hearing. Upon the day for hearing any application or appeal, the Zoning 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.
Required interval for hearings on applications and appeals after denial. Whenever the Board, after hearing all the evidence presented upon an application or appeal under the provisions of this chapter, denies the same, the Zoning Board of Appeals shall refuse to hold further hearings on said or substantially similar application or appeal by the same applicant, his successor or assign for a period of one year, except and unless the Zoning 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 Zoning Board of Appeals and adopted by the unanimous vote of the members present, but not less than a majority of all members.
The following fees shall be paid at the office of the Zoning Officer upon the filing of an application.
