This chapter shall be enforced by the Code Enforcement Officer.
It shall be his/her duty:
A.Â
To issue or authorize issuance of building permits and certificates
of occupancy when compliance is made with the provisions of this chapter
and the Building Code, to refuse to issue the same in the event of
noncompliance and to give written notice of such refusal and the reason
therefor to the applicant.
B.Â
With the approval of the Village Board, to take all necessary legal
steps to enforce this chapter, to keep the Village Board, Planning
Board and Board of Appeals advised of all matters other than routine
duties pertaining to the enforcement of this chapter, to keep all
records necessary and appropriate to his office and to file them in
the office of the Village Clerk.
A.Â
"To erect," "to construct" and "to build" a building, as used in
this chapter, include "to alter," "to add to" and "to relocate" a
structure of any kind and to excavate or grade a lot in preparation
for building a structure thereon or changing the use of the property;
and before any such undertaking is commenced, including initiation
of construction of infrastructure, including roads, utilities and
drainage systems for any approved subdivision or site plan, a building
permit therefor is required, except that no such permit shall be required
for interior additions to or alterations of a building if the total
cost or value of such additions or alterations is less than $1,500
or exterior additions to or alterations of a building if the total
cost or value is less than $1,000, provided that such cost or value
shall include the value of the labor, no matter by whom performed;
and any additions to or alterations of a building to be occupied for
the first time as living quarters for a person or any conversion of
a one-family dwelling unit to a two-family unit or summer dwelling
to a year-round residence shall require a building permit, no matter
what the cost or value of such additions, alterations or conversion.
B.Â
With the exception of real estate signs and other nonilluminated
signs not over two square feet in area referring to the premises on
which located, no sign shall be erected or displayed without a building
permit.
C.Â
There shall be submitted with each application for a building permit
duplicate written copies of all the information, building plans, plot
plans and plans for disposal of sewage and wastewater, drawn with
reasonable accuracy to scale, showing the dimensions of the lot to
be built upon, the size and the location on the lot of both the existing
and proposed buildings and installations and such other information
necessary to enable the Code Enforcement Officer to determine whether
the proposed building and use of the premises comply with the provisions
of this chapter.
D.Â
The fee for a building permit shall be as established by the Village
Board.
E.Â
One copy of such submitted information or plans shall be returned
to the applicant when approved by the Code Enforcement Officer, or
by the Board of Appeals when its approval is necessary, together with
such permit.
F.Â
Every such permit shall expire at the end of two years from the date
of issue; and if construction is not completed within that period,
the applicant shall apply for a new permit, which shall be granted
only on payment of fees therefor in accordance with the fee schedule
as established by the Village Board.
A.Â
Where a building permit therefor is required, no building hereafter
erected or relocated and no addition to or alteration of any building
shall be used or occupied for any purpose until a certificate of occupancy
shall have been issued, stating that the building or altered part
of or addition to the same and proposed use thereof comply with the
provisions of this chapter.
B.Â
Although a building permit may not be required in a specific instance,
a certificate of occupancy is required for each new use or change
in use of any building or land. No such new or changed use of any
building or land shall be undertaken and no such building or land
shall be occupied for such new or changed use until a certificate
of occupancy shall have been issued stating that the building or land
and proposed new use or change in use thereof complies with the provisions
of this chapter.
C.Â
A certificate of occupancy shall be issued within 10 days after any
building erected, added to, altered or relocated or proposed change
in use of any building or land shall have been approved as complying
with the provisions of this chapter. A new certificate of occupancy
supersedes any certificate of a prior date for the same premises.
D.Â
Upon written application from the owner or occupant, the Code Enforcement
Officer shall issue a certificate of occupancy for any existing lawful
nonconforming use and occupancy of a building or land after inspection
of the same, certifying the extent and kind of use made of the building
or premises, provided that there are no violations of law or orders
of the Code Enforcement Officer or Board of Appeals or other ordinances
of the Village of Woodbury pending at the time of issuing such certificate.
E.Â
Application for a certificate of occupancy shall be made at the time
that application is made for a building permit.
F.Â
The fee for a certificate of occupancy or certified copy of the same
shall be in accordance with the fee schedule established by the Village
Board, payable to the Code Enforcement Officer at the time that application
for the same is made.
A.Â
The Zoning Board of Appeals shall be composed of five members appointed
by the Mayor, subject to the approval of the Village Board. The Chairperson
of the Zoning Board of Appeals shall be appointed annually by the
Mayor, subject to the approval of the Village Board. The term of office
of members of the Zoning Board of Appeals shall be five years. No
member of the Zoning Board of Appeals may be appointed to, or serve,
more than two consecutive five-year terms, unless completing the term
of a vacancy on the Zoning Board of Appeals occurring other than by
expiration of a term. After completion of up to two consecutive five-year
terms, as may be extended by any service in filling an unexpired vacancy,
there must be an absence of service as a member of the Zoning Board
of Appeals for at least five years subsequent to any service as a
member of the Zoning Board of Appeals before that member is again
eligible for reappointment and service as a member of the Zoning Board
of Appeals.
[Amended 7-28-2022 by L.L. No. 7-2022]
B.Â
Procedure. The Board of Appeals, consistent with the provisions of
the Village Law applicable thereto, shall determine its own rules
of conduct and procedure.
C.Â
Powers.
(1)Â
Issuance of permits. The Board of Appeals shall hear and decide any
matter where an appellant alleges that the Code Enforcement Officer
was in error in refusing to issue or in issuing a building permit
or certificate of occupancy as a result of misinterpreting the meaning,
intent or application of any section or part of this chapter.
(2)Â
Boundary lines. The Board of Appeals shall hear and decide any matter
wherein an appellant alleges that the Code Enforcement Officer was
in error in his determination as to the exact location of a district
boundary line on the Zoning Map that forms a part of this chapter.
(3)Â
Review of rulings. The Board of Appeals shall hear and decide any
matter relating to this chapter where an appellant seeks a review
of any decision, order or ruling made by the Code Enforcement Officer.
(4)Â
Appeals by Code Enforcement Officer. The Board of Appeals shall hear
and decide any matter which the Code Enforcement Officer appeals on
grounds of doubt as to the meaning or intent of any provisions of
this chapter or as to the location of a district boundary line on
the Zoning Map.
(5)Â
Variances on appeal. The Zoning Board of Appeals shall have the power,
upon appeal from a decision or determination of the administrative
official charged with the enforcement of the Woodbury Zoning Law,
to grant use and area variances. A use variance shall not be granted
by the Board of Appeals without a showing by the applicant that the
Woodbury Zoning Law has caused unnecessary hardship. Where the application
is for an area variance, 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 granting variances,
the Board of Appeals shall grant the minimum variance that it shall
deem necessary and adequate to address the unnecessary hardship proven
by the applicant for a use variance or that it shall deem necessary
and adequate for an area variance and at the same time preserve and
protect the character of the neighborhood and the health, safety and
welfare of the community.
(6)Â
Additional power; special permits.
(a)Â
When, in the judgment of the Board of Appeals, the public convenience,
safety and welfare will be substantially served and the appropriate
use of neighboring property will not be injured thereby, said Board
may, in specific cases, as noted in this chapter and after public
notice and hearing and subject to appropriate conditions and safeguards,
issue a special permit.
(b)Â
The Board of Appeals is authorized to require as a condition
to the issuance of a special permit that such special permit be renewed
periodically after a public hearing. However, the Board of Appeals
may waive such requirement where the circumstances do not require
renewal.
(c)Â
All actual special permits issued by the Zoning Board of Appeals
as of the date of adoption of this chapter, which permits are subject
to periodic renewal, shall remain within the jurisdiction of said
Board.
(7)Â
The Board of Appeals is authorized to waive all of the bulk requirements
pertaining in an HB District, including lot area, width, setbacks
and parking, without the required finding of practical difficulty
or unnecessary hardship where, in its opinion, the public health,
safety and welfare will be substantially served and the appropriate
use of neighboring property will not be injured.
D.Â
Fee. Every application to the Board of Appeals shall be accompanied
by the payment of a fee in accordance with the fee schedule established
by the Village Board.
E.Â
Compensation.
The members of the Planning Board shall receive such compensation
as the Village Board of Trustees shall determine by resolution.
[Added 3-23-2023 by L.L. No. 5-2023[1]]
An application pending before the Planning Board, Zoning Board
of Appeals or Architectural Review Board shall be deemed abandoned
and withdrawn by the applicant, and shall be discontinued by the applicable
Board, after a lapse of 12 months without reasonable steps having
been taken by the applicant to advance the application, brought to
the attention of the Planning Board, Zoning Board of Appeals or Architectural
Review Board by way of a status report or other similar action. After
a lapse of 11 months, and prior to the application being discontinued
by the Planning Board, Zoning Board of Appeals or Architectural Review
Board, the respective Board shall advise the applicant in writing
that the project will be discontinued within 30 days. The applicable
Board may, within 60 days thereafter, entertain a request for reinstatement
of the abandoned application based on good cause shown. Upon the discontinuance
of an abandoned application, the applicant shall be entitled to receive
a refund of any unexpended sums held on deposit by the Village in
connection with the application, and shall be responsible for reimbursement
to the Village of any reimbursable costs attributable to the application
which the deposit was insufficient to satisfy.
A.Â
The owner or general agent of a building or premises where a violation
of any provision of this chapter has been committed or shall exist,
or the lessee or tenant of an entire building or entire premises where
such violation has been committed or shall exist, or the owner, general
agent, lessee or tenant of any part of the building or premises in
which such violation has been committed or shall exist, or the general
agent, architect, builder, contractor or any other person who commits,
takes part or assists in any such violation or who maintains any building
or premises or any part thereof in which any violation exists may
be prosecuted pursuant to Village Law §§ 7-714 and
20-2006.
B.Â
Each week's violation after notice thereof shall have been given
as herein provided shall constitute a separate violation. Such notice
shall be in writing, signed by the Code Enforcement Officer, and shall
be served upon the person or persons committing such violation, either
personally or by both certified and regular first-class mail addressed
to such person or persons at his or their last known address.
C.Â
The Village authorities shall have such other remedies as are provided
by law to restrain, correct or abate any violation of this chapter.