[Amended 7-26-1994 by L.L. No. 5-1994]
A.
The Zoning Enforcement Officer (ZEO) shall enforce
the provisions of this chapter. No zoning permit or zoning certificate
of occupancy shall be issued by him except where all the provisions
of this chapter have been complied with.
B.
The Zoning Enforcement Officer shall promptly investigate
any and all complaints of violations of this chapter and shall cause
a written report on each such violation to be rendered to the Village
Board of the Village of Alexandria Bay on at least a monthly basis
or more often as designated by the Village Board.
C.
Such a report shall contain the Zoning Officer's assessment
of whether or not a violation exists, a statement as to any and all
actions taken by the ZEO to seek any voluntary abatement of such violations
and a recommendation to the Village Board as to whether or not further
prosecution of the violation is indicated. The ZEO shall commence
and prosecute enforcement proceedings in any court of valid jurisdiction
in the name of the Village.
D.
In prosecuting violations in a local justice court,
the ZEO may initiate such by the service upon the alleged violators
of an appearance ticket which shall be on a form approved by the Village
Board and which adequately describes the date, time and place of the
alleged violation, the section of law violated, a brief description
of said violation and the time, date and place to appear in court.
E.
In the absence of the ZEO or in case said officer
is unable to act for any reason, the Mayor of the Village of Alexandria
Bay shall have all the powers and duties of the Zoning Enforcement
Officer.
A.
No building or structure shall be erected or substantially
altered or changed until a permit has been issued by the ZEO. Except
upon a written order of the Zoning Board of Appeals, no such zoning
permit or zoning 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.
There shall be submitted with all applications for
zoning permits two copies of a layout or plot plan showing the actual
dimensions of the lot to be built upon, the 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.
One copy of such layout or plot plan shall be returned when approved by the ZEO together with such permit to the applicant upon the payment of a fee as established pursuant to § 150-26.
D.
Zoning permits shall remain valid for a maximum of
one year from date of issue.
A.
No land shall be occupied or used and no building
hereafter erected or substantially altered shall be used or changed
in use until a certificate of occupancy shall have been issued by
the ZEO stating that the building or proposed use thereof complies
with the provisions of this chapter.
B.
All zoning certificates of occupancy shall be applied
for coincident with the application for a building permit. Said certificates
shall be issued within 10 days after the erection or alteration shall
have been approved by the ZEO as complying with the provisions of
this chapter.
C.
The ZEO 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.
D.
Under such rules and regulations as may be established
by the Zoning Board of Appeals, a temporary certificate of occupancy
for not more than 30 days for a part of the building may be issued
by the ZEO.
A.
The current Zoning Board of Appeals shall continue,
and members shall serve their remaining terms.
B.
The Mayor, subject to Village Board approval, shall
appoint the members and designate the Chairman of the Board of Appeals.
The Mayor shall appoint a Secretary, subject to Village Board approval,
and the Village Board shall prescribe rules for the conduct of the
ZBA affairs.
C.
Powers and duties. The Board of Appeals shall have
all the power and duties prescribed by law, 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 if there is uncertainty with respect
thereto.
(2)
Variances.
(a)
To vary or adapt 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 difficulty
or unnecessary hardship that would deprive the owner of the reasonable
use of the land or building involved, but in no other case. No variance
in the strict application of any provision of this chapter shall be
granted by the Board of Appeals unless it finds:
[1]
That there are special circumstances or conditions,
fully described in the findings of the Board, applying to such land
or buildings and not applying generally to land or buildings in the
neighborhood and that said circumstances or conditions are such that
strict application of the provisions of this chapter would deprive
the applicant of the reasonable use of such land or buildings.
[2]
That, for reasons fully set forth in the findings
of the Board, the granting of the variance is necessary for the reasonable
use of the land or building and that the variance as granted by the
Board is the minimum variance that will accomplish this purpose.
[3]
That the granting of the variance will be in
harmony with the general purpose and intent of this chapter and will
not be injurious to the neighborhood or otherwise detrimental to the
public welfare.
(b)
In granting any variance, the Board of Appeals
shall prescribe any conditions that it deems to be necessary or desirable.
D.
Procedure.
(1)
The Board of Appeals shall act in strict accordance
with the procedure specified by law. All appeals and applications
made to the Board shall be in writing, on forms prescribed by the
Board. Every appeal or application shall refer to the specific provisions
of the law involved and shall exactly set forth the interpretation
that is claimed 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.
(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.
Complaints of violations. Whenever a violation
of this chapter occurs, the Zoning Officer, Village or any person
may file a complaint. All such complaints must be in writing and filed
with the enforcement officer, who shall properly record such complaint
and immediately investigate and shall institute appropriate legal
procedures to correct the violation or issue penalties. This shall
commence with a stop-work order and an order to correct the violation
being issued. If the violation is not corrected within the specified
time, the Zoning Officer shall take action to compel compliance.
A.
Any person, firm or corporation that commits a violation
against, disobeys, neglects or refuses to comply with or resists the
enforcement of any provision of this chapter shall, upon conviction,
be deemed guilty of an offense punishable by 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, punishable
by 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, punishable by a fine not less than $700 nor
more than $1,000 or imprisonment for a period not to exceed six months,
or both. Each week's continued violation shall constitute a separate
additional violation.
[Amended 7-26-1994 by L.L. No. 5-1994]
B.
In addition to the penalties provided above, the Village
Board may also maintain an action or proceeding in the name of the
Village in a court of competent jurisdiction to compel compliance
with or restrain by injunction the violation of this chapter.
The Village Board may from time to time amend,
supplement or repeal the regulations and provisions of this chapter
after public notice and public hearing. All proposed changes shall
be referred to the Jefferson County Planning Board for its recommendation
and for a report thereon prior to final action. The Village Board,
by resolution adopted at a stated meeting, shall fix the time and
place of a public hearing on the proposed amendment and cause notice
to be given as required by Village Law § 7-708.
Interpretation and application. The provisions
of this chapter shall be held to be minimum requirements adopted for
the promotion of the public health, morals, safety or the general
welfare. Whenever the requirements of any other lawfully adopted rules,
regulations, laws or ordinances conflict, the most restrictive, or
that imposing the highest standards, shall govern.
A.
All applicants for any permit, approval or variances
under this chapter are required to pay a fee to cover the administrative
expenses of the Village. Failure to pay such fee shall be deemed a
violation of this chapter.
B.
All applications for any approval, permit or variance
shall be accompanied by a cash deposit, certified check or surety
bond payable to the Village of Alexandria Bay in an amount determined
by the:
(1)
Mayor, for all applications requiring the Village
Board's approval or other action.
(2)
Chairman of the Planning Board, for all applications
requiring the Planning Board's approval.
(3)
Chairman of the Zoning Board of Appeals, for all applications
requiring such Board's approval or decision.
(4)
Zoning Enforcement Officer, for matters requiring
his approval or action. Such amount shall include his anticipated
actual charges to the Village for reviewing the action.
C.
The Mayor, Chairman of the Planning Board, Chairman
of the Zoning Board of Appeals and Zoning Officer, as the case may
be, should obtain estimated expenses from the Village's Engineers,
Attorneys and Clerk and Village Enforcement Officer prior to setting
the amount of the cash deposit, certified check or surety bond required
of each applicant.
D.
The Mayor, Chairman of the Planning Board, Chairman
of the Zoning Board of Appeals or Zoning Enforcement Officer, as the
case may be, may require additional security for the Village's administrative
expense, in accordance with the provisions of this section, in the
event that the Village's potential liability for such expense exceeds
the initial amount deposited.
E.
Upon completion of the latter of final approval or
rejection of any application for approval, or final approval of any
and all completed improvements and submission of all final bills to
the Village for its administrative expenses incurred as a result of
the applicant's proposed plan, all unused funds or proceeds from a
surety bond shall be refunded to the applicant.
