A.
Building/use permit. No building shall hereafter be erected, relocated
or altered as to outside dimensions or so as to permit a change in
its use and no excavation for any building shall be begun unless and
until a permit therefor has been issued by the Code Enforcement Officer.
No such permit shall be issued until there has been filed with the
Code Enforcement Officer a sketch or plot plan showing the actual
dimensions and angles of the lot to be built upon, the exact size
and location on the lot of the building or accessory buildings to
be erected, relocated or altered and such other information as may
be necessary to determine and provide for the enforcement of this
chapter. Each application shall state the purpose for which the structure
or land is to be used and a general description of the type of construction.
[Amended 9-14-1992 by L.L. No. 4-1992]
B.
Certificate of occupancy. No land shall be used or occupied 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 Code Enforcement Officer. A certificate of occupancy shall be
issued only if the proposed use of buildings or land conforms to the
provisions of this chapter, the New York State Uniform Fire Prevention
and Building Code and all other applicable laws, codes and regulations.
[Amended 9-14-1992 by L.L. No. 4-1992]
C.
Completion of existing buildings. Nothing herein contained shall
require any change in the plans, construction or designated use of
a building actually under construction at the time of the passage
of this chapter, provided that the entire building shall be completed
within one year from the date of the passage of this chapter.
[Amended 9-14-1992 by L.L. No. 4-1992]
The duty of administering and enforcing the provisions of this
chapter is hereby conferred upon the Code Enforcement Officer as the
Board of Trustees shall determine.
A.
Administer the Zoning Law. The Code Enforcement Officer shall review
all applications for building permits; and, if the minimum requirements
of this chapter are met, he shall issue a permit. If the applicant's
plans do not meet the zoning requirements, he must deny the permit.
The Code Enforcement Officer may not use discretionary judgment. He
must enforce the letter of the law.
B.
Referral to the Zoning Board of Appeals. An applicant, after he has
been denied a building permit, may appeal the Code Enforcement Officer's
findings to the Zoning Board of Appeals (ZBA) for interpretation or
a variance. Should an appeal be requested, the Code Enforcement Officer
shall notify the Secretary of the ZBA of the request and forward all
necessary supporting information.
C.
Referral to the Village Planning Board. Any application for a special
permit, change of zoning district or use that requires site plan review
shall be forwarded by the Code Enforcement Officer to the Secretary
of the Village Planning Board, along with all supporting information.
D.
Cite zoning violations. For any plans, constructions, buildings or
use of premises found in violation of this chapter, the Code Enforcement
Officer shall, in writing, order the responsible party to remedy the
conditions. He shall have the authority to secure from the Village
Justice a stop order to constrain the continuance of the violation.
E.
Report to the Board of Trustees. A monthly report shall be given
to the Board of Trustees describing and enumerating actions taken
and permits issued.
F.
Public record. The Code Enforcement Officer shall file all permit
actions with the Village Clerk.
[Amended 9-14-1992 by L.L. No. 4-1992]
There is hereby established a Zoning Board of Appeals which
shall function in the manner prescribed by law.[1] There shall be three members of the Zoning Board of Appeals,
who shall be residents of the Village of Hancock and who shall be
appointed by the Board of Trustees to serve for terms as prescribed
by law. The Board of Trustees shall designate the Chairman. Vacancies
occurring in said Board by expiration of term or otherwise shall be
filled in the manner as provided by law. The Board of Appeals shall
adopt such rules and regulations as it may deem necessary to carry
into effect the provisions of this chapter, and all its resolutions
and orders shall be in accordance therewith.
A.
Appeals for variance through the Zoning Board of Appeals. All requests
for variances shall be made to the ZBA after denial of a building
permit by the Code Enforcement Officer.
B.
Variance policy. The granting of variances shall be principally for
those seeking area variances. Use variances allow activities prohibited
in the zoning district, thus such requests shall be carefully reviewed.
C.
Procedures for granting a variance.
(1)
All applications for variances shall be in writing on forms established
by the ZBA. They are available from the Code Enforcement Officer.
(2)
Every application shall refer to the specific provision of the law
involved and establish the details of why the variances should be
granted.
(3)
(4)
Within 62 days of the public hearing, the ZBA shall render a decision.
If the matter was referred to the County Planning Board, a copy of
the ZBA's findings and decision must be sent to the County Planning
Board.
D.
Notice of public hearing. The Board shall fix a reasonable time for
the hearing of appeals, not to exceed 30 days from the date of ZBA
receipt of referral.
E.
Meetings. All meetings of the Board of Appeals shall be held at the
call of the Chairman and at such other times as such Board may determine.
Meetings of the Board shall be open to the public. Such Board shall
keep minutes of its proceedings showing the vote of each member upon
every question or, if absent or failing to vote, indicating such fact,
and shall also keep record of its examinations and other official
actions.
F.
Records. All decisions of the Board shall be by resolution, and a
copy of each decision shall be sent to the applicant, to the Village
Clerk and to the Code Enforcement Officer. Every rule, regulation,
amendment or repeal thereof and every order, requirement, decision
or determination of the Board shall be filed in the office of the
Village Clerk within five business days after the day such decision
is rendered and shall be a public record. Each decision shall set
forth fully the reasons for the decision of the Board and the findings
of fact on which the decision was based. Such findings and reasons
shall include references to the standards pertaining thereto where
the appeal concerns a variance.[3]
G.
Appeals. Appeals to the Board of Appeals may be taken by any person
aggrieved or by an officer, department, board or bureau of the Village.
H.
Stay. An appeal stays all proceedings in furtherance of the action
appealed from unless the Code Enforcement Officer from whom the appeal
is taken certifies to the Board of Appeals, after the notice of appeal
shall have been filed with him, that, by reason of acts stated in
the certificate, a stay would, in his opinion, cause imminent peril
to life or property.
I.
Hearing and determination. The Board of Appeals shall, within a reasonable
time, state the hearing of the appeal and give due notice thereof
to the parties by publication at least once in the official newspaper
10 days before the date of the hearing and shall decide the same within
62 days of the hearing. Upon the hearing, any party may appear in
person or by agent or by attorney. The applicant shall bear the cost
of advertising as required in connection with hearings. The Board
of Trustees shall establish and post a schedule of fees.[4]
[4]
Editor's Note: Current fees are on file in the office of the
Village Clerk.
[1]
Editor's Note: See Village Law § 7-712.
The Board of Appeals shall have the following powers and duties
prescribed by statute and by this chapter as described below:
A.
Interpretation. On appeal from a determination of the Code Enforcement
Officer, to hear and decide on questions where it is alleged there
is an error in any order, requirement, decision or determination made
by the Code Enforcement Officer involving the interpretation of any
provision of this chapter.
[Amended 9-14-1992 by L.L. No. 4-1992]
B.
Appeals for variances. On appeal from a determination of the Code
Enforcement Officer and in conformity with law, to vary the requirements
as they apply to a particular lot where the property owner can show
that his property was acquired in good faith and where the strict
application of this chapter would result in practical difficulty,
in the case of an area variance, or unnecessary hardship, in the case
of a use variance. No application for a variance shall be acted on
until the required public hearing has been held.
[Amended 9-14-1992 by L.L. No. 4-1992]
C.
Granting area or dimensional variances.[1]
(1)
The
Zoning Board of Appeals shall have the power, upon an appeal from
a decision or determination of the administrative official charged
with the enforcement of this chapter, to grant area variances as defined
herein.
(2)
In
making its determination, the Zoning Board of Appeals shall take into
consideration the benefit to the applicant if the variance is granted,
as weighed against the detriment to the health, safety and welfare
of the neighborhood or community by such grant. In making such determination
the Board shall also consider:
(a)
Whether an undesirable change will be produced in the character of
the neighborhood or a detriment to nearby properties will be created
by the granting of the area variance;
(b)
Whether the benefit sought by the applicant can be achieved by some
method, feasible for the applicant to pursue, other than an area variance;
(c)
Whether the requested area variance is substantial;
(d)
Whether the proposed variance will have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district; and
(e)
Whether the alleged difficulty was self-created, which consideration
shall be relevant to the decision of the Board of Appeals, but shall
not necessarily preclude the granting of the area variance.
(3)
The
Board of Appeals, in the granting of area variances, shall grant the
minimum variance that it shall deem necessary and adequate and at
the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
D.
Granting use variances.[2]
(1)
The
Board of Appeals, on appeal from the decision or determination of
the administrative officer charged with the enforcement of this chapter,
shall have the power to grant use variances, as defined herein.
(2)
No
such use variance shall be granted by the Board of Appeals without
a showing by the applicant that applicable zoning regulations and
restrictions have caused unnecessary hardship. In order to prove such
unnecessary hardship, the applicant shall demonstrate to the Board
of Appeals that for each and every permitted use under the zoning
regulations for the particular district where the property is located:
(a)
The applicant cannot realize a reasonable return, provided that lack
of return is substantial as demonstrated by competent financial evidence;
(b)
That the alleged hardship relating to the property in question is
unique, and does not apply to a substantial portion of the district
or neighborhood;
(c)
That the requested use variance, if granted, will not alter the essential
character of the neighborhood; and
(d)
That the alleged hardship has not been self-created.
(3)
The
Board of Appeals, in the granting of use variances, shall grant the
minimum variance that it shall deem necessary and adequate to address
the unnecessary hardship proved by the applicant, and at the same
time preserve and protect the character of the neighborhood and the
health, safety and welfare of the community.
A.
General. The Board of Trustees may, from time to time on its own
motion, amend, supplement, repeal or change the regulations and district
boundaries established by this chapter.
(1)
Whenever the owners of 50% or more of the frontage in any district
or part thereof included in such change shall present a petition,
duly signed and acknowledged, to the Board of Trustees requesting
an amendment, supplement or change of the law prescribed for such
district or part thereof, it shall be the duty of the Board of Trustees
to vote upon said petition within 90 days after the filing of the
same by the petitioners with the Village Clerk.
(2)
The Planning Board may, by resolution, propose an amendment to the
Board of Trustees suggesting a change or repeal of specific portions
of the law. Within 90 days from the time such resolution is filed
with the Village Clerk, it shall be the duty of the Board to vote
on such proposed amendment.
B.
Referral of proposed amendments to the Village Planning Board and
County Planning Board.
(1)
All proposed amendments, supplements or changes originating by petition
or by motion of the Board of Trustees shall be referred to the Village
Planning Board for a report and recommendation thereon. The Planning
Board shall submit its report within 45 days after receiving such
referral. Failure of the Planning Board to report within the required
time shall be deemed to be approval of the proposed amendment.
(2)
Whenever any zoning regulation or any amendment, including special
use permits or variances, would change the district classification
of or a regulation applying to real property within a distance of
500 feet from any boundary line of properties in a neighboring municipality
or upon other county or state property as described in the General
Municipal Law, the amendment shall be referred to the County Planning
Board, which Board shall have 30 days in which to report its recommendations
to the Board of Trustees. Failure of the County Planning Board to
report within 30 days may be construed to be approval by the Board.
C.
Hearing on proposed amendment. Before any amendment, supplement or
change in the law or district boundaries, there shall be a public
notice and hearing thereon as provided by law. Such hearing may be
held by the Board of Trustees, by a committee of the Board or by the
Planning Board on request of the Board of Trustees. In addition to
the public notice of a hearing, notice shall be given in writing,
either personally or by mail, to all property owners of the land included
in such proposed change and the land immediately adjacent extending
100 feet therefrom and the land directly opposite thereto extending
100 feet from the street frontage of such opposite land as said property
owners and addresses appear on the latest completed assessment roll
of the Village.
From time to time, at intervals of not more than three years,
the Planning Board shall reexamine the provisions of this chapter
and the location of district boundary lines and shall submit a report
to the Board of Trustees, recommending such changes or amendments,
if any, which may be desirable in the interest of public safety, health
or welfare.
In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements, adopted for the
promotion of the public health, safety or the general welfare. Whenever
the requirements of this chapter are at variance with the requirement
of any other lawfully adopted rules, regulations or ordinances, the
most restrictive or that imposing the higher standard shall govern.
[Amended 9-14-1992 by L.L. No. 4-1992]
This chapter shall be enforced by a person hereinafter called the "Code Enforcement Officer," designated by the Board of Trustees, who shall in no case grant any permit for any building or use on premises where the proposed erection, alteration, relocation or use thereof would be in violation of any provision of this chapter. The Code Enforcement Officer shall make such inspections of buildings or premises as are necessary to carry out his duties. No permit or certificate of occupancy required hereunder shall be issued by the Code Enforcement Officer, except in compliance with the provisions of this chapter, or as directed by the Board of Appeals under the provisions of §§ 115-56 and 115-57.
[Amended 9-14-1992 by L.L. No. 4-1992[1]]
Except as otherwise set forth in this chapter for violations
of specific provisions, violators of this chapter shall be subject
to a fine of not more than $250 or imprisonment for not more than
15 days, or both. Each week a violation continues shall constitute
a separate additional violation. Upon determination by the Code Enforcement
Officer that a violation of this chapter exists, he shall send written
notice to the last known owner of record of the property, as determined
by the assessment records, informing said owner of the violation of
specific provisions of this chapter and stating that action is to
be taken by said owner to remove such violation in 60 days or proceedings
to compel compliance with this chapter will be instituted. Any violation
of this chapter may also be enjoined pursuant to law.
