A.
This chapter shall be enforced by the Building Inspector.
The Building Inspector or his or her staff may enter any premises
or building at a reasonable time to determine whether or not the same
is in violation of this chapter. He or she shall order discontinuance
of uses of lands, buildings or structures, construction of buildings,
structures or additions and alterations or other structural changes
which are in violation of this chapter or any other law. Nothing herein
contained shall limit or restrict any other procedure provided for
the enforcement of this chapter or other applicable law.
B.
It shall be the duty of this officer to keep a record
of all approvals or rejections he or she may make pursuant to this
chapter.
A.
No building, structure or part of a building shall
be erected, added to or altered until a building permit therefor has
been issued by the Building Inspector.
B.
All applications for building permits shall be complete
and shall contain the following information, as appropriate:
[Amended 9-15-2008 by L.L. No. 8-2008]
(1)
A property survey.
(2)
A plot plan showing the proposed location of the building
in its exact location on the building lot.
(3)
Building plans stamped with a legible engineer's or
architect's seal as required by state law and/or this chapter.
(5)
Required certificates of insurance for general liability,
NYS disability and NYS workers' compensation.
(6)
Site plan review.
D.
Such permit shall be valid for a maximum period of
one year from date of issuance, after which time it shall become null
and void without substantial work having been completed. A building
permit may be renewed for one one-year period from the expiration
date thereof, subject to the terms and conditions contained in the
original permit and upon submission by the applicant of another application.
If additional work or inspections are still required, the homeowner
shall begin the permit application process again, applying for a permit
as if no permit was ever issued. For each project, the process shall
be initiated no more than two times, allowing a total of four years
(two times with one-year renewal) for project completion.
[Amended 11-4-2013 by L.L. No. 8-2013]
E.
Model home permit. A model home permit which would
permit the commencement of construction of a building prior to approval
and dedication of roadways and utilities by the Town may be issued
upon resolution of the Town Board. The Town Board may by resolution
from time to time set a fee for the issuance of said model home permit.
[Added 6-13-2005 by L.L. No. 4-2005]
F.
Open deck construction permit. The Town Board may
from time to time establish a fee for the issuance of a permit to
construct open decks on buildings within the Town of Wheatfield.
[Added 6-13-2005 by L.L. No. 5-2005]
G.
Truss-type construction fee. The Town Board may from
time to time establish an additional fee for the issuance of a building
permit for commercial and industrial buildings requiring truss-type
construction.
[Added 6-13-2005 by L.L. No. 6-2005]
H.
The Building Department shall prepare and collect the fines and fees as described in Subsection D above. Homeowners will be notified of the fees and given 30 days to make payment. After 30 days, unpaid accounts regarding any fine, fee, or cost of service performed by the Building Department and related departments, such as ordinance violations, reinspection fees, permit fees, and fines, shall be forwarded to the Town Assessor to be assigned in aggregate to the next year's regular property tax bill for such property. An administration fee, fixed by the Town Board, shall also be assessed on the next regular property tax bill in addition to the unpaid fines and fees.
[Added 11-4-2013 by L.L. No. 8-2013]
A.
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
Building Inspector stating that the buildings or proposed use thereof
complies with the provisions of this chapter.
B.
No nonconforming use shall be changed or extended
without a certificate of occupancy.
C.
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.
D.
The Building Inspector 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.
The Zoning Board of Appeals shall consist of
five members appointed by the Town Board. The members of the Zoning
Board of Appeals as now constituted shall continue in office until
the expiration of their present terms. Thereafter, their successors
shall be appointed for terms of five years each. Vacancies shall be
filled as provided for in the Town Law.
[Amended 3-20-2000 by L.L. No. 2-2000; 9-15-2008 by L.L. No.
8-2008]
A.
Interpretation. Upon an appeal from a decision by
the administrative official charged with the enforcement of this chapter,
the Zoning Board of Appeals shall decide any question involving interpretation
of any provision of this chapter.
B.
Variances. Upon an appeal from an order, requirement,
decision or determination by the administrative official charged with
the enforcement of this chapter, the Zoning Board of Appeals may grant
variances in accordance with the following:
(1)
Use variance.
(a)
Before the Board of Appeals may grant a use
variance, the applicant shall show that applicable zoning regulations
and restrictions have caused unnecessary hardship. In order to prove
such unnecessary hardship, the applicant shall demonstrate to the
Zoning Board of Appeals that, for each and every permitted use under
the zoning regulations for the particular district where the property
is located, the following four criteria are met:
[1]
The applicant cannot realize a reasonable return,
provided that lack of return is substantial as demonstrated by competent
financial evidence.
[2]
The alleged hardship relating to the property
in question is unique and does not apply to a substantial portion
of the district or neighborhood.
[3]
The requested use variance, if granted, will
not alter the essential character of the neighborhood.
[4]
The alleged hardship has not been self-created.
(b)
The Zoning 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 proven
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.
(2)
Area variance.
(a)
Area variances may be considered where the dimensional
or physical requirements of the applicable zoning regulations cannot
be reasonably met. In determining whether to grant an area variance,
the Zoning Board of Appeals shall take into consideration the benefit
of the applicant if the variance is granted as weighted 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:
[1]
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.
[2]
Whether the benefit sought by the applicant
can be achieved by some method, feasible for the applicant to pursue,
other than an area variance.
[3]
Whether the requested area variance is substantial.
[4]
Whether the proposed variance will have an adverse
effect or impact on the physical or environmental conditions in the
neighborhood or district.
[5]
Whether the alleged difficulty was self-created,
which consideration shall be relevant to the decision of the Zoning
Board of Appeals but shall not necessarily preclude the granting of
the area variance.
(b)
The Zoning 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.
(3)
Imposition of conditions. The Zoning Board of Appeals
shall, in the granting of both use variances and area variances, have
the authority to impose such reasonable conditions and restrictions
as are directly related to and incidental to the proposed use of the
property. Such conditions shall be consistent with the spirit and
intent of this chapter and shall be imposed for the purpose of minimizing
any adverse impact such variance may have on the neighborhood or community.
A.
The Zoning
Board of Appeals shall act in strict accordance with the procedure
prescribed by Town Law and by this chapter. All appeals and applications
made to the Zoning Board of Appeals shall be in writing, on forms
prescribed by the Zoning Board of Appeals. Every appeal or application
shall refer to the specific provision of the chapter 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. The Zoning Board of Appeals may refer any application or appeal
to the Planning Board, Town departments, and/or advisory staff to
receive input.
[Amended 9-15-2008 by L.L. No. 8-2008; 10-15-2018 by L.L. No. 4-2018]
B.
Every decision of the Zoning Board of Appeals shall
be by resolution, each of which shall contain a full record or the
findings of said Board in the particular case.
Any variance or modification of regulations
authorized by the Zoning Board of Appeals shall be automatically revoked
unless a building permit conforming to all the conditions and requirements
established by the Zoning Board of Appeals is obtained within six
months of the date of approval by the Board of Appeals and construction
commenced within one year of such date of approval.
The Town of Wheatfield shall appoint a Planning
Board consisting of five members, said appointments to be made in
the manner as prescribed by Town Law. The Planning Board shall exercise
the powers, functions and duties as prescribed by the Town Law, with
the exception that the Town Board shall reserve its authority to grant
subdivision approval unto itself.
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 Building Inspector,
who shall properly record such complaint and immediately investigate
and report thereon to the Town Board.
Except as otherwise provided, any person who
violates any provision of this chapter or any regulation adopted hereunder
is guilty of an offense punishable by a fine not exceeding $350 for
the first violation; a minimum of $350 and a maximum of $700 for a
second violation within five years; and a minimum of $700 and a maximum
of $1,000 for a third or subsequent violation within five years; or
imprisonment for a period not to exceed six months, or both. Each
week's continued violation shall constitute a separate violation.
Pursuant to Chapter 3, Appearance Tickets, the Building Inspector may issue appearance tickets, the purpose being to enable him or her to bring an alleged violator into court without the necessity of issuance of a summons by a local court.
