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Village of Delhi, NY
Delaware County
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Table of Contents
Table of Contents
In interpreting and applying the provisions of this chapter, they shall be held to the minimum requirements for the promotion of the public safety, convenience, prosperity and general welfare for the Village of Delhi.
[Amended 8-16-2004 by L.L. No. 3-2004]
A. 
Enforcing officer. The provisions of this chapter shall be administered and enforced by the Code Enforcement Officer appointed by the Board of Trustees, who shall have the power to make inspections of buildings or premises necessary to carry out the duties in the enforcement of this chapter.
B. 
Duties. It shall be the duty of the Code Enforcement Officer to keep a record of all applications for permits and a record of all permits issued with a notation of all special conditions involved. All plans and documents shall be filed with the Village Clerk. The Code Enforcement Officer shall not issue a permit for the construction of any building or use of any property unless such building or use conforms to all other ordinances of the Village of Delhi.
[Amended 4-8-1985 by L.L. No. 1-1985; 7-12-1993 by L.L. No. 2-1993; 8-16-2004 by L.L. No. 3-2004]
A. 
Zoning permits.
(1) 
Requirement. It shall be unlawful to commence the excavation for or the construction of any building or structure, including accessory buildings, or to commence the moving or alteration of any building or structure, including accessory buildings, until the Code Enforcement Officer has issued a permit for such work.
(2) 
Issuance. In applying to the Code Enforcement Officer for a zoning permit, the applicant shall submit specifications and a dimensioned plan to scale, indicating the shape, size, height and location in exact relation to all property lines and to street or road lines of all buildings or structures to be erected, altered or moved and of any building or structure already on the lot. This plan shall be accompanied by a written statement from a qualified engineer or other satisfactory evidence to the effect that the line of the bounding street or road has been accurately located and staked on the ground. The applicant shall also state the existing or intended occupancy and use of all such buildings and land and supply other information as may be required by the Code Enforcement Officer to ensure that the provisions of this chapter are being observed. If the proposed excavations, construction or alterations or moving as set forth in the application are in conformity with the provisions of this chapter and other ordinances of the Village then in force, the Code Enforcement Officer shall issue a permit for such excavation, construction, alteration or moving.
(3) 
Refusal. If a zoning permit is refused, the Code Enforcement Officer shall state such refusal in writing, with the cause, and shall immediately mail notice of such refusal to the applicant at the address indicated on the application.
(4) 
Effect. The issuance of a permit shall in no case be construed as waiving any provision of this chapter.
(5) 
Terms. A zoning permit shall become void six months from the date of issuance, unless substantial progress has been made by that date on the project described therein; provided, however, that the building permit may be renewed for an additional six months upon application.
B. 
Certificate of occupancy.
(1) 
Requirement. No land or building or other structure or part thereof, hereafter erected or altered in its use or structure, shall be used or occupied until the Code Enforcement Officer shall have issued a certificate of occupancy stating that such land, building, structure or part thereof, and the proposed occupancy or use thereof, are found to be in conformity with the provisions of this chapter.
(2) 
Issuance. Within five days after notification that a building or structure or premises or part thereof is ready for occupancy or use, it shall be the duty of the Code Enforcement Officer to make a final inspection thereof and issue a certificate of occupancy if the land, building, structure or part thereof is found to conform with the provisions of this chapter.
(3) 
Refusal. If the Code Enforcement Officer, after such final inspection, refuses to issue a certificate of occupancy, such refusal shall be stated in writing, with the cause, and immediately thereupon mail notice of such refusal to the applicant at the address indicated on the application.
C. 
Home office occupations.
(1) 
Minor home office occupations:
(a) 
The occupations or activities shall be carried on wholly within the principal building or structure accessory thereto. An area equivalent to no more than 25% or 500 square feet of the floor area of the dwelling shall be used for the occupations. Such area shall be within the dwelling or another structure accessory thereto. No outdoor storage is permitted.
(b) 
The occupations shall be carried on by the occupant of the dwelling, and shall not employ any persons outside the resident household.
(c) 
There shall be no exterior display or sign except as permitted under § 300-46 of the Village Code, no exterior storage of materials and no other exterior indication of the home occupations or variation from the residential character of the lot or the surrounding neighborhood.
(d) 
The occupations shall not produce any offensive odor, vibration, noise, smoke, dust, heat, humidity, electrical interference or glare detectable to normal sensory perception outside the structure.
(e) 
Any need for parking generated by the occupation shall be met by one off-street parking space.
(f) 
No more than one commercial-type vehicle shall be used in connection with the occupation and/or be parked on the property.
(g) 
No more than one home office occupation, major or minor, shall be permitted in association with a dwelling.
(h) 
Minor home office occupations shall be exempt from sewer unit fee for home office occupations listed under § 235-112 of the Village Code.
(2) 
Major home office occupations. Major home office occupations shall adhere to the regulations for minor home office occupations, except that:
(a) 
They shall require a permit from the Planning Board, which must be renewed annually by the Planning Board; and
(b) 
The total floor area designed for and allotted to the major home office occupation shall not exceed 25% or 500 square feet of the total floor area; and
(c) 
No more than three persons shall be employed at the home office occupation, one of whom must reside at the dwelling; and
(d) 
No more than one home office occupation, major or minor, shall be permitted in association with a dwelling; and
(e) 
Any need for parking generated by the occupation shall be met by two off-street parking spaces.
[Amended 5-15-1978 by L.L. No. 3-1978; 11-6-1978 by L.L. No. 9-1978; 4-8-1985 by L.L. No. 1-1985; 7-11-1988 by L.L. No. 2-1988; 12-16-1996 by L.L. No. 5-1996; 8-16-2004 by L.L. No. 3-2004]
A. 
Creation, composition and appointment.
(1) 
Creation. A Board of Appeals is hereby established in accordance with § 7-712 of the Village Law.
(2) 
Composition. The Board of Appeals shall consist of five members.
(3) 
Appointment. The Board of Trustees of the Village shall appoint the members of the Board of Appeals, each to be appointed for five years. No person who is a member of the Village Board of Trustees or a Village Justice or a member of the Village Planning Board shall be eligible for membership on such Board of Appeals.
(4) 
Removal. The Board of Trustees shall have the power to remove any member of the Board for cause and after a public hearing.
(5) 
Vacancies. Vacancies shall be filled for the unexpired term of the member whose position has become vacant.
B. 
Procedures.
(1) 
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. All meetings of such Board shall be open to the public. Notice shall be given to the public in accordance with the Public Officers Law, Article 7.
(2) 
Oaths. The Chairman or, in his absence, the Acting Chairman, shall administer oaths and compel the attendance of witnesses.
(3) 
Minutes. The Board of Appeals 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 records of its examination and other official actions. Every rule and regulation, every 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 and shall be a public record.
(4) 
Who may appeal; filing notice. An appeal to the Board of Appeals for administrative review or variance may be taken by any person, firm or corporation aggrieved or by any governmental officer, department, board or bureau affected by any decision of the administrative official charged with the enforcement of this chapter based, in whole or part, upon the provisions of this chapter. Such appeal shall be taken by filing with the Village Clerk a notice of appeal specifying the grounds thereof and the relief sought. A fee as set by resolution of the Board of Trustees shall accompany said notice of appeal.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(5) 
Time of appeal. Such appeal shall be taken within 60 days after the filing of any order, requirement, decision, interpretation or determination of the administrative official charged with the enforcement of such chapter. The administrative official from whom the appeal is taken shall forthwith transmit to the Board of Appeals all the papers constituting the record upon which the action appealed from was taken.
(6) 
Stay of proceedings. An appeal stays all proceedings in furtherance of action appealed from unless the administrative official charged with the enforcement of such chapter certifies to the Board of Appeals 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 Board of Appeals or by a court of record on application, on notice to the administrative official from whom the appeal is taken and on due cause shown.
(7) 
Hearing, notice, public notice, notice to property owner and costs.
(a) 
Hearing. The Board of Appeals shall fix a reasonable time, not to exceed 62 days from the filing of an appeal, for the hearing of any application for variance or an appeal for administrative review. All testimony taken at the hearing shall be under oath, and minutes shall be taken either by a stenographer or a recording device.
(b) 
Notice. The Board of Appeals shall give due notice of the hearing to the parties. Notice of such application for variance or administrative review shall be given by certified mail, return receipt requested, at least five days prior to the date of hearing, to all persons, firms or corporations owning property or residing within 200 feet of the location of the property upon which the use is proposed to be established. The Board of Appeals shall give public notice of such hearing by publication in the official newspaper of general circulation in the Village at least five days prior to the date thereof. The cost of sending or publishing any notices relating to such appeal shall be borne by the appealing party and shall be paid to the Board prior to the hearing of such appeal. Upon the hearing, any party may appear in person, by agent or attorney.
(c) 
Decision. The Board of Appeals shall decide on the appeal within 62 days after the hearing. The time within which the Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board. The concurring vote of a majority of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to grant a use variance or area variance. The decision of the Board of Appeals shall specify the grounds for granting or denying the variance. The decision shall be mailed to the applicant by certified mail, return receipt requested, within three working days from the date of the decision.
(d) 
Notice to park commission or planning agency. At least five days before such hearing, the Board of Appeals shall mail notices thereof to the parties, to the Regional State Park Commission having jurisdiction over any state park or parkway within 500 feet of the property affected by such appeal and to the county, metropolitan or regional planning agency as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of the matter under consideration, as defined in Subdivision 1 of § 239-m of the General Municipal Law.
(e) 
Compliance with State Environmental Quality Review Act (SEQRA). The Board of Appeals shall comply with the provisions of the SEQRA under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in Title 6, Part 617, of the New York Codes, Rules and Regulations.
(8) 
Provisions of appeal. If the variance is granted or the issuance of a permit is finally approved or other action by the appellant or applicant is authorized, the necessary permits shall be subject to the terms of § 300-63A(5). Should the appellant or applicant fail to comply with these provisions, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn and abandoned his appeal or his application and such permissions, variances and permits to him/her granted shall be deemed automatically rescinded by the Board of Appeals.
(9) 
Scope. In exercising the above-mentioned powers, such Board of Appeals may, in conformity with the provisions of this article, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as, in its opinion, ought to be made in the premises and to that end shall have all the powers of the officer from whom the appeal is taken. Notice of such decision shall be given in accordance with Subsection B(7)(c).
C. 
Powers and duties of Board of Appeals. The Board of Appeals shall have the following powers and duties prescribed by law and by this chapter.
(1) 
Interpretation. On appeal from a determination of the Zoning Code Enforcement Officer, the Board of Appeals shall have the power 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.
(2) 
Appeals for variance. On appeal from a determination of the Code Enforcement Officer and in conformity with the law, the Board of Appeals shall have the power to vary the requirements as they apply to a particular lot. No application for a variance shall be acted on until the required public hearing has been held.
(3) 
Granting area variances.
(a) 
The Board of Appeals shall have the power, upon appeal from a decision or determination of the administrative official charged with the enforcement of such chapter, to grant area variances as defined herein. "Area variance" shall mean the authorization by the Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.
(b) 
In making its determination, the 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 the following criteria:
[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; and
[5] 
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.
(c) 
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.
(4) 
Granting use variances.
(a) 
The Board of Appeals, on appeal from a decision or determination of the administrative official charged with the enforcement of such chapter, shall have the power to grant use variances, as defined herein. "Use variance" shall mean the authorization by the Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.
(b) 
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:
[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; and
[4] 
The alleged hardship has not been self-created.
(c) 
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.
D. 
Court review. Any person or persons, jointly or severally aggrieved by any decision of the Board of Appeals or any officer, department, board or bureau of the Village, may apply to the Supreme Court for relief by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceedings must be instituted within 30 days after the filing of a decision in the office of the Village Clerk. A copy shall be mailed to the applicant as previously mentioned. Costs shall not be allowed against the Board unless it should appear to the court that it acted in gross negligence or in bad faith or with malice in making the decision appealed from.
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, the proper local authorities of the Village, in addition to other remedies, may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alterations, 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.
[Amended 5-15-1978 by L.L. No. 3-1978; 4-27-1981 by L.L. No. 3-1981]
A. 
Any person, firm or corporation who violates, disobeys, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this chapter shall be guilty of a violation and, upon conviction thereof, shall be subject to a fine of not more than $250 or to imprisonment for a period not to exceed 15 days, or to both such fine and imprisonment.
B. 
Each week a violation is continued shall be deemed a separate offense.
[Amended 5-15-1978 by L.L. No. 3-1978]
The regulations, restrictions and boundaries established by this chapter may from time to time be amended, supplemented, changed, modified or repealed by ordinance, in accordance with the procedure provided by §§ 7-706 and 7-708 of the Village Law.