The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the Zoning Officer, who shall have such powers as are conferred upon him/her by this chapter. He shall be appointed by the Village Board and shall carry out any directives from the Board relative to the duties of the position set forth in § 200-12 below. The Zoning Officer shall receive such compensation as the Village Board shall determine.
A.
If the Zoning Officer shall find that any of the provisions
of this chapter are being violated, he/she shall notify, in writing,
the person responsible for such violations, indicating the nature
of the violation and ordering the action to correct it. In his/her
efforts to attain compliance, the Zoning Officer shall have the authority
to order discontinuance of illegal uses of land, buildings or structures;
removal of illegal buildings or structures or of illegal additions,
alterations or structural changes; stop work; or discontinuance of
any illegal work being done. On the serving of notice by the Zoning
Officer to the owner of any property violating any of the provisions
of this chapter, the certificate of compliance for such building or
use shall be held null and void. A new certificate of compliance shall
be required for any further use of such building or premises.
B.
It shall be the duty of the Zoning Officer to issue
permits and certificates to applicants who fully comply with the provisions
of this chapter.
C.
The Zoning Officer shall maintain a permanent and
current record of all applications for permits and certificates, his/her
action upon the same, any conditions relating thereto and any other
matters considered and action taken by him/her. Such records shall
form a part of the records of his/her office and shall be available
for use by Village officials and for inspection by the public. The
records to be maintained shall include the following:
(1)
Application file. An individual permanent file for
each application for a permit or certificate provided for herein shall
be established at the time the application is made. Said file shall
contain one copy of the application and all supporting documents and
plans; notations regarding pertinent dates and fees; one copy of any
resolutions or actions of the Village Board, Planning Board or Zoning
Board of Appeals in acting on the application; and the date the permit
or certificate applied for was issued or denied.
(2)
Monthly report. The Zoning Officer shall prepare a
monthly report for the Village Board. Said report shall cite all actions
taken by the Zoning Officer, including all referrals made by him/her;
all permits and certificates issued and denied; all complaints of
violation received and all violations found by him/her and the action
taken by him/her consequent thereon; and the time spent and mileage
used. A copy of this monthly report shall also be transmitted by the
Zoning Officer to the Town Tax Assessor, Planning Board and Board
of Appeals at the same time it is transmitted to the Village Board.
[Amended 8-26-1996 by L.L. No. 3-1996]
D.
Whenever the Zoning Officer denies a permit or certificate,
he/she shall, in writing, inform the applicant of the specific reasons
for denial and instruct the applicant on the proper methods to apply
for relief.
E.
The Zoning Officer shall maintain a current list and
a map of nonconforming uses to determine if discontinuance or destruction
or change in use or vacancy has taken place.
F.
The Zoning Officer shall maintain a current list and
a map showing the variances and special use permits to determine if
the permit holder is complying with the conditions and safeguards
placed on the variances and special permits by the approving agency.
G.
Upon written direction from the Planning Board, the
Zoning Officer shall issue special use permits.
H.
Upon approval of a variance by the Board of Appeals,
the Zoning Officer shall be empowered to issue the necessary permits
with the specific conditions to be imposed.
I.
The Zoning Officer is hereby authorized and empowered
to issue appearance tickets pursuant to the New York State Criminal
Procedure Law if he/she is unable to achieve compliance with the provisions
of this chapter by other means.
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 for an application for a building permit
for the erection or alteration of a building, structure or use thereof
or for the change in the use of any land area or existing building.
Permits issued pursuant to this section shall expire in 12 months
unless the project is completed. The Zoning Officer may grant an extension
for time of completion and include any conditions or requirements
deemed necessary or desirable. Applicants shall justify the need for
the proposed extension. Unless such an extension is requested and
approved, further work as described in the canceled permit shall not
proceed until a new permit has been obtained. If a project is not
initiated within six months of the issuance of the permit, the permit
issued shall be considered null and void.
A.
Zoning permit.
(1)
The Zoning Officer is hereby empowered under the procedures
and requirements specified herein to issue a zoning permit for any
plans regarding the construction or alteration or demolition of any
building or part of any building or the change in the use of any land
area or part thereof or for the change in use of any existing building,
where he/she shall determine that such plans are not in violation
of the provisions of this chapter.
(2)
No development activities shall commence, nor shall
any building or structure be erected, moved, added to or structurally
altered or changed in use, nor shall any land area or part thereof
be changed in use without a zoning permit therefor issued by the Zoning
Officer. No zoning permit shall be issued by the Zoning Officer except
in conformity with the provisions of this chapter, unless he/she receives
a written order from the Board of Appeals in the form of an administrative
review or variance as provided by this chapter.
(3)
Where the proposed use is for the construction of
a new single-family dwelling, the expansion or structural alteration
of an existing single-family dwelling or the erection of an accessory
use or structure in a residential district, the Zoning Officer shall
carefully consider the application for compliance with this chapter
and may either issue or deny the permit applied for within 30 days
after receipt of a complete application and determination of environmental
significance. In the event of disapproval, the reasons shall be stated
clearly, in writing. The Zoning Officer shall deny a zoning permit
until such conditions as the disapproval are based upon have been
corrected.
(4)
When the application is for any other permitted use
other than those specified in the preceding subsection, the Zoning
Officer shall, prior to the issuance of any permit, refer a copy of
the zoning permit application, environmental assessment and site plan
to the Planning Board for site plan approval in accordance with the
procedures specified below.
(5)
The Zoning Officer shall also transmit a copy of the
complete application, environmental assessment and site plan to the
County Planning Board for review when required under Article 12-B,
§ 239-m, of the General Municipal Law. This transmission
shall be made concurrent with the referral of the application to the
Planning Board.
(6)
All zoning permit applications shall be reviewed to
determine that the proposed site plan is consistent with the goals
and objectives of the Cuba Village Plan; that the proposed improvements
are sufficient to adequately serve the proposed use; that adjacent
properties are protected from potential negative impacts; and that
potential adverse environmental impacts are identified and appropriate
mitigation measures have been proposed.
(7)
The Planning Board shall carefully consider the proposed
development or construction and make a decision to approve, approve
with conditions or deny the proposed application within 45 days after
the receipt of a complete application from the Zoning Officer. The
Planning Board may not act within the first 30 days, however, unless
a report, if applicable, is received from the County Planning Board.
In approving said application, the Board may impose any conditions
it determines to be in the best interests of the Village and sound
land use planning. Any decisions of the Planning Board shall be in
writing, and shall be transmitted directly to the applicant.
(8)
Prior to taking action on the application, the Planning
Board may conduct a public hearing on the proposal. If a public hearing
is considered desirable, such public hearing shall be conducted within
45 days of the receipt of the complete application and shall be duly
advertised in the official newspaper of the Village. If a public hearing
is held on an application, the time period within which the Planning
Board shall act on the proposal shall be extended up to a maximum
of 30 days following the date of the public hearing.
(9)
If the Planning Board does not act on an application
within 45 days of the receipt of a complete application from the Zoning
Officer or within 30 days following a public hearing on an application,
the application shall be approved and the Zoning Officer shall issue
the permit.
(10)
The period of time available for the Planning
Board to act on an application may be extended by mutual agreement
of the applicant and the Planning Board.
B.
Site plan approval.
(1)
Each application for a zoning permit which is dependent
upon site plan approval by the Planning Board shall initially be made
to the Zoning Officer. The Zoning Officer shall determine the application's
completeness. Upon the Zoning Officer's acceptance of a complete site
plan application, the Zoning Officer shall prepare a written response
to the applicant containing the following information:
(a)
The date of the Planning Board meeting at which
the application for site plan approval will be discussed.
(b)
A preliminary indication under SEQR as to include
the type of action involved and any additional SEQR forms to be completed
by the applicant or agent.
(c)
A determination whether any portion of the site
will be affected by the FPO Flood Plain and/or Historic Preservation
Overlay District regulations and the effects that such a determination
will have on the application.
[Amended 8-26-1996 by L.L. No. 3-1996]
(d)
A tentative time schedule for site plan approval.
(e)
Any other information that the Zoning Officer
deems appropriate, including fees and criteria for site plan preparation.
(2)
In the event that a site plan identifies the potential
need for dimensional variances, an application may be made to the
Board of Appeals for an area variance without the necessity of a decision
or determination of an administrative official charged with the enforcement
of the zoning regulations. The Planning Board shall convey its opinion
to the Board of Appeals on the requested variances. Once variances
have been granted, the applicant may proceed for site plan approval.
If the variances are denied, the applicant may submit a revised site
plan complying with the dimensional requirements of the zoning district.
(3)
The Planning Board shall, for each site plan application, determine whether a public hearing would serve a community benefit. If the Planning Board determines that a public hearing shall be held, the process for site plan approval, including the timetables for making decisions, shall coincide with that set forth in § 200-13A above.
(4)
The Zoning Officer shall transmit one copy of all
approved and denied applications to the Planning Board and one copy
of all approved applications to the Town Tax Assessor.
[Amended 8-26-1996 by L.L. No. 3-1996]
C.
Supplemental regulations pertaining to site plan approval.
(1)
Expiration of site plan approval. Site plan approval
shall automatically terminate one year after the same is granted,
unless work on the site has been completed.
(2)
Reimbursable costs. Costs incurred by the Village
for consultation fees or other extraordinary expenses associated with
the review of a proposed site plan shall be charged to the applicant
in accordance with the fee schedule specified in the application documents.
(3)
Performance guaranty. No building permit shall be
issued until all improvements shown on the site plan are installed
or a sufficient performance guaranty, approved by the Village Board,
has been posted for improvements. The sufficiency of such performance
guaranty shall be determined by the Village Board after consultation
with the Zoning Officer, Village Engineer, Planning Board and Village
Attorney.
(4)
Inspection of improvements and development. The Zoning
Officer shall be responsible for the overall inspection of site improvements,
including coordination with the Village Engineer and other officials
and agencies, as appropriate. No certificate of compliance shall be
granted prior to a final inspection and determination of conformity
to the site plan and the New York State Uniform Code.
(5)
Integration of site plan approval procedure with other
Planning Board approvals. Whenever the particular circumstances of
a proposed development require compliance with either the special
use permit procedure or the requirements of the Village's land subdivision
regulations, if such exists, the Planning Board shall attempt to integrate,
as appropriate, site plan review as required by this section with
the procedural and submission requirements for such other compliances.
In any case, the applicant shall obtain all state permits and local
land use control approvals prior to the Village issuing a building
permit for a development project.
[Amended 8-26-1996 by L.L. No. 3-1996]
(6)
Conflicts. This section shall apply if any conflicts
arise between this site development plan review procedure and other
land use controls of the Village.
D.
Special use permit. Upon written direction of the
Planning Board, the Zoning Officer is hereby empowered to issue special
use permits as provided for by this chapter.
(1)
Uses permitted by special permit shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth in Article X, in addition to all other requirements of this chapter. All such uses are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.
(2)
A special use permit shall authorize only one particular
special use. The special use permit shall expire if the use shall
cease for more than one year for any reason.
(3)
No person shall be issued a special use permit for
a property where there is an existing violation of this chapter.
(4)
Before any special use permit shall be issued, the
Planning Board shall make written findings certifying compliance with
the specific rules governing individual special permit uses and that
satisfactory provision and arrangement has been made relative to the
following additional concerns:
(a)
Ingress and egress to the property and proposed
structures thereon, with particular reference to vehicular and pedestrian
safety, and convenience, traffic flow and control and access in case
of fire or catastrophe.
(b)
Off-street parking and loading areas where required, with particular attention to the items in Subsection D(4)(a) above, and the noise, glare or odor effects of the special permit use on adjoining properties and properties generally in the district, and the economic impact of the proposed special permit use.
(d)
Utilities, as appropriate, with reference to
locations, availability and compatibility.
(e)
Storm drainage, including potential impact on
downstream properties.
(f)
Screening and buffering, with reference to type,
dimensions and character.
(g)
Signs, if any, and proposed exterior lighting
with reference to glare, traffic safety, economic effect and compatibility
and harmony with properties in the district.
(h)
Required yards and other open space.
(i)
General compatibility with adjacent properties
and other properties in the zone district.
(5)
All applications for special use permits shall be
made in quadruplicate on forms provided by the Zoning Officer.
(6)
The Zoning Officer, after determining that an application
is in proper form, shall transmit copies of the application and all
supporting documents to the Planning Board for approval in accordance
with the procedures specified below.
(7)
The Zoning Officer shall transmit a copy of the complete
application and supporting documents to the County Planning Board
for review when required under Article 12-B, § 239-m, of
the General Municipal Law.
(8)
The application shall include a site development plan of the special permit use and subject parcel drawn to scale, which includes all of the data specified in § 200-14 of this chapter.
(9)
Prior to taking action on an application for a special
use, the Planning Board shall conduct a public hearing on the proposed
request. Said hearing shall be conducted within 45 days following
the receipt of a complete application and supporting documents from
the Zoning Officer. The Planning Board shall, by resolution, approve,
approve with conditions or disapprove the application so heard within
30 days from the date of such public hearing. The thirty-day period
may be extended by mutual agreement of the applicant and the Planning
Board.
(10)
If the application was transmitted to the County
Planning Board under Article 12-B, § 239-m, of the General
Municipal Law, the Planning Board cannot act within the first 30 days
following the referral of the application to the County Planning Board
unless said Board provides a written reply to the Village within the
thirty-day period.
(11)
In approving an application, the Planning Board
may impose any modifications or conditions it deems necessary to conform
with the goals and objectives of the Cuba Village Plan and its principles
of land use and development and to protect the health, safety or general
welfare of the public.
(12)
If an application is approved by the Planning
Board, the Zoning Officer shall be furnished with a copy of the approving
resolution of the Planning Board and shall issue the permit in accordance
with the conditions imposed by the Board.
(13)
If an application is disapproved by the Planning
Board, the reasons for such denial shall be set forth in the Board
resolution, and a copy of such resolution shall be transmitted to
the Zoning Officer. The Zoning Officer shall deny the application
and provide the applicant with a copy of the Board's reasons for disapproval.
(14)
The Zoning Officer shall inspect the premises
of a use authorized and approved with a special use permit not less
than one time each calendar year. The inspection shall determine that
the use is being operated consistent with the terms and conditions
established by the Planning Board in approving the permit. If the
Zoning Officer shall determine that the conditions are not in compliance
with the permit, the Zoning Officer shall nullify the special use
permit and set forth the procedures and requirements for reestablishing
the use. The use may not be operated until a new application is submitted
and approved.
E.
Temporary use permits. Upon written direction of the
Board of Appeals, the Zoning Officer is hereby empowered to issue
a temporary use permit. A temporary use permit shall only be effective
for a period of not to exceed three months; said permit may be extended
by the Board of Appeals not more than once, for an additional period
not to exceed three months.
(1)
All applications for temporary use permits shall be
made in quadruplicate to the Zoning Officer on forms provided by him/her.
(2)
The Zoning Officer, after determining that an application
is in proper form, shall transmit copies of the application to the
Board of Appeals for review and approval.
(3)
The application shall include a statement by the applicant
which specifies the nature of the proposed use and the length of time
for which the temporary use is to be authorized.
(4)
The Board of Appeals may seek the advisory opinion
of the Planning Board or the Village Engineer as well as the opinions
of other agencies, organizations or individuals prior to making a
decision on the request.
(5)
The Board of Appeals may schedule a public hearing
to invite public comment if it determines that the public interest
would be served by such a hearing on the application.
(6)
The Board of Appeals shall approve or deny the application
within 45 days of the receipt of a complete application. In approving
the request, the Board of Appeals shall set the maximum length of
time for the authorization of such use. Further, the Board of Appeals
may impose any conditions or restrictions on the applicant that is
deemed to be in the best interests of the Village.
(7)
The Zoning Officer, acting on written direction of
the Board of Appeals, shall either issue or deny the permit.
F.
Certificates of compliance.
(1)
It shall be unlawful to use or occupy or permit the
use or occupancy of any building or premises, or both, or part thereof
hereafter created, erected, changed, converted or wholly or partly
altered or enlarged in its use or structure until a certificate of
compliance has been issued by the Zoning Officer stating that the
proposed use of the building or land conforms to the requirements
of this chapter.
(2)
Failure to obtain a certificate of compliance shall be a violation of this chapter and punishable as provided by Article XIII.
(3)
Within seven days after the completion of the change
in use of a building or parcel of land, the applicant shall so notify
the Zoning Officer by certified mail stating that such action has
been completed in compliance with this chapter. The applicant shall
provide the Zoning Officer with suitable evidence to document compliance.
This evidence shall be in the form of an instrument survey, tape location
map or comparable documentation. Within seven days of the receipt
of this letter, the Zoning Officer shall conduct a final inspection
of the premises to determine whether the new use complies with the
requirements of this chapter. If the Zoning Officer determines that
said building or use complies with the provisions herein, he/she shall
issue a certificate of compliance. If it is determined that the provisions
specified herein are not fully complied with, the Zoning Officer shall
specify the violations and the terms and conditions for remedying
these violations. A certificate of compliance shall not be issued
until such violations are corrected.
(4)
No nonconforming building or use shall be maintained,
renewed, changed or extended without a certificate of compliance having
first been issued by the Zoning Officer. The certificate of compliance
shall state specifically wherein the nonconforming use differs from
the provisions of this chapter.
Each application for a zoning, temporary use
and special use permit shall be made in quadruplicate and accompanied
with a site plan. Except for site plans prepared in support of proposals
for a single-family residential dwelling, all site plans submitted
to the Village for review and approval shall be prepared by a licensed
professional engineer, architect, land surveyor or landscape architect
as per New York State Education Law. 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. The application shall
include the following information and specify both "before" and "after"
conditions:
A.
The location, design, dimensions, use and height of
each proposed building and yard area.
B.
Property boundaries, as shown on an accurate map drawn
to scale, including the precise location of the center line of the
road, dimensions, North arrow, date.
C.
A general location map showing the location of the
property in relation to adjacent parcels.
D.
The location and arrangement of vehicular accessways
and the location, size and capacity of all areas to be used for off-street
parking.
E.
Information to describe topography and natural grades.
F.
Provisions for water supply, sewage disposal and storm
drainage.
G.
The location of fire hydrants.
H.
The location and design of outdoor lighting facilities.
I.
The location and design of construction materials
of all proposed signs.
J.
The location and capacity of all areas to be used
for loading and unloading and the distance to the nearest intersection.
K.
The location and dimensions of sidewalks, walkways
and other areas established for pedestrian use.
L.
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.
M.
The location of fire and other emergency zones.
N.
Other elements integral to the proposed development
as considered necessary by the Zoning Officer, Village Engineer or
Planning Board, including a property survey, any and all requirements
to comply with the State Environmental Quality Review (SEQR) procedures,
other community impacts and the identification of any state or county
permits required for the execution of the project.
Each application for a permit provided for by
this chapter shall be accompanied by a fee, payable in cash or other
form of security approved by the Village Attorney. Fees shall be established
annually by resolution of the Village Board.[1]
[1]
Editor's Note: A fee schedule is on file in
the Village offices.
