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.
(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]
(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.
