A.
No building or structure (fixed or portable) shall
be erected, added to, demolished, in whole or in part, modified or
structurally altered internally or externally or its use altered until
a zoning permit has been issued by the Code Administration Officer.
No permit shall be granted by the Code Administration Officer for
any purpose except in compliance with the provisions of this chapter
or as may be lawfully ordered by the Planning Board or the Zoning
Board of Appeals.
B.
Zoning permits shall be valid for a period of one
year, and for good cause the Code Administration Officer may allow
a maximum of two extensions for periods not exceeding three months
each.
C.
Application requirements for zoning permits.
(1)
All applications for zoning permits shall be made
in writing by the owner, tenant (as the owner's agent), vendee under
contract of sale or authorized agent on a form(s) supplied by the
Code Administration Officer. Applications for permits may be obtained
and delivered at the Village office during normal business days and
hours.
(2)
In addition to the information requested on the application
form, the applicant shall also provide the following:
(a)
A statement as to the proposed use of the building
or land.
(b)
A site layout, drawn to scale, showing the location,
dimensions and height of proposed buildings, structures or uses and
any existing buildings in relation to property and street lines.
(c)
The size, dimensions, location and methods of
illumination for signs, if applicable.
(d)
Any additional plans and information reasonably
necessary for the Code Administration Officer to ascertain whether
the proposed use, change in use, erection, alteration or addition
complies with the provisions of this chapter.
(3)
No permit for any new use or construction which will
involve the on-site disposal of sewage or waste, and no permit for
a change in use or an alteration which will result in an increased
volume of sewage or waste to be disposed of on the site, shall be
issued until a certificate of approval has been issued by the Seneca
County Health Department.
D.
Issuance of zoning permits. Zoning permits shall be
granted or refused within 15 days after the completed written application
has been filed with the Code Administration Officer, except as provided
for special permit applications and Planning Board review.
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 zoning compliance shall have been issued
by the Code Administration Officer. No certificate of zoning compliance
shall be issued by the Code Administration Officer except in strict
compliance with the provisions of this chapter.
B.
Upon completion of the activity authorized by the
zoning permit, the holder of such permit shall notify the Code Administration
Officer of the completion. Thereupon the Code Administration Officer
shall inspect the site and, if the requirements of this chapter have
been met, shall issue a certificate of zoning compliance. All applications
with accompanying plans and documents shall become and be preserved
as a public record for such period of time as required by law.
[Amended 7-12-1999 by L.L. No. 3-1999]
Any person who shall violate any of the provisions of this chapter or fail to comply therewith or with any requirements thereof or who shall violate or fail to comply with any order or regulation made thereunder or who shall continue to work upon any structure or continue to operate or conduct any business prohibited by this chapter shall be guilty of an offense and subject to a criminal penalty of not exceeding $250 and/or imprisonment for up to 15 days or a civil penalty of $500 for each offense. Each day of continued violation shall constitute a separate and additional offense. The application of the above penalty shall not be held to prevent the enforced removal of the prohibited condition as provided in § 245-58 of this chapter nor appropriate civil action to restrain the violation of any provision of this chapter nor any civil action to collect any fines imposed.
In addition to the rights and penalties provided in § 245-56, the Village may obtain an action to restrain by injunction any violation of this chapter or any failure to comply with any of the provisions of this chapter.
Any building or structure erected or any use
conducted without a zoning permit or certificate of zoning compliance,
where required, or not in conformity with the provisions of this chapter
may be removed, closed or halted at once by the Code Administration
Officer with the issuance of a stop order, with the assistance, if
deemed necessary, of any appropriate Village officer or employee.
[Amended 3-10-1997 by L.L. No. 1-1997]
A.
All lawful uses and structures existing at the time
of the enactment of this chapter may be continued although such do
not conform to the provisions of this chapter.
B.
Unlawful uses or structures not to be construed as
nonconforming. No unlawful use or structure or portion thereof existing
at the time of the enactment of this chapter shall be deemed a nonconforming
use or structure. Unlawful uses or structures are not entitled to
any of the protection granted by this chapter to nonconforming uses
or structures.
C.
Unsafe structures. Any nonconforming structure or
portion thereof declared unsafe by the Village of Waterloo Code Administration
Officer and/or the County Building Code Enforcement Officer may be
restored to a safe condition.
D.
Restoration or alteration of nonconforming structures.
(1)
A nonconforming structure may not be restored, modified
or structurally altered in any way that will increase its degree of
nonconformance.
(2)
A nonconforming structure may be modified or structurally
altered so as to decrease its degree of nonconformance.
(3)
A nonconforming structure may be modified, altered
or renovated if such modification, alteration or renovation does not
increase its degree of nonconformity.
(4)
A nonconforming structure may be modified, rebuilt,
reconstructed or structurally altered, provided that it shall conform
to all the provisions of this chapter.
E.
Restoration of nonconforming structure. Any nonconforming
structure damaged by any cause other than the design or intent of
the owner may be rebuilt or restored to its original condition prior
to such damage. Except by special permit, the rebuilding or restoration
must be commenced within 12 months or the structure must be removed.
F.
Extension of nonconforming use. No nonconforming use
may be extended, expanded or enlarged into any building or lot or
portion thereof not used for such use on the day of the enactment
of this chapter. However, a nonconforming use may be extended throughout
any parts of a building or lot which were manifestly arranged or designed
for such use at the time of the enactment of this chapter, with Planning
Board approval.
G.
Abandonment. If an abandoned nonconforming use is
not reestablished, the future use shall be in conformity with the
provisions of this chapter.
H.
Changes in nonconforming uses.
(1)
Once changed to a conforming use, no lot or structure
may be permitted to revert to a nonconforming use.
(3)
A nonconforming use may not be changed to a use more
objectionable as determined by the Planing Board. The Code Administration
Officer, when he or she has noted a violation of the nonconforming
use regulations and has been unable to obtain compliance from the
owner, may file a complaint with the Planning Board. The Planning
Board shall hold a hearing to review the complaint and shall make
a determination of compliance. The owner shall be notified of the
determination and shall comply with the order to bring the nonconforming
use into compliance.
Nothing herein contained shall require any change
in plans, construction or designated use of a building for which a
building permit has heretofore been issued and the construction of
which has been diligently prosecuted within three months of the date
of such permit and the ground story framework of which, including
the second tier of beams, shall have been completed within one year
of the date of the permit and which entire building shall be completed
according to such plans as filed within two years from the date of
the permit.
A.
All lots existing prior to the adoption of this chapter
which do not meet the lot size and width requirements of this chapter
shall be considered conforming for the purposes of this chapter.
B.
All preexisting industrial uses which are made nonconforming
by this chapter shall have the right to expand their facilities by
50% of the gross floor area existing at the time of the adoption of
this chapter, provided that the expansion occurs only on the adjoining
lot area existing and owned or leased by the industry at the time
of the adoption of this chapter and that it shall conform to the bulk
regulations for the general industrial district.
C.
No existing use or structure shall be considered nonconforming
by reason of an insufficient number of parking spaces as required
by this chapter or the absence of a required loading berth. No existing
use shall reduce the number of existing parking spaces below that
required by this chapter. If any existing use expands so as to require
additional parking spaces, it shall be mandatory to provide only those
additionally required parking spaces.
The duty of administering and enforcing the
provisions of this chapter is hereby conferred upon the Code Administration
Officer. The Code Administration Officer shall be appointed by the
Village Board and receive compensation as the Village Board shall
determine.
A.
Administer this chapter. The Code Administration Officer
shall review all applications for zoning permits, and, if the minimum
requirements of this chapter are met, he or she shall issue a permit
or refer the application to the Planning Board for review as required
by this chapter. If the applicant's plans do not meet the zoning requirements,
he or she must deny the permit. The Code Administration Officer may
not use discretionary judgment. He or she must enforce the letter
of the law.
B.
Referral to the Zoning Board of Appeals. An applicant,
after he or she has been denied a zoning permit, may appeal the Planning
Board's or Code Administration Officer's findings to the Zoning Board
of Appeals (ZBA) for an interpretation or a variance. Should an appeal
be requested, the Code Administration Officer shall notify the Clerk
of the ZBA of the request and forward all necessary supporting information.
C.
Referral to Village Planning Board. Any application
for a special permit, subdivision site plan review or change of zoning
district shall be forwarded by the Code Administration Officer to
the Clerk of the Village Planning Board along with all supporting
information and his or her recommendation.
D.
Cite zoning violations. For any plans, constructions,
building or use of property found in violation of this Code, the Code
Administration Officer shall order the responsible party, in writing,
to remedy the conditions. The Code Administration Officer shall have
the authority to issue a stop order and, if such is not complied with,
shall secure from the Village Justice a stop order to constrain the
continuance of the violation.
E.
Report to Village Board. A monthly report to the Village
Board describing and enumerating actions taken and permits issued
shall be given.
F.
Report to Planning Board. A monthly report to the
Planning Board describing and enumerating actions taken and permits
issued shall be given.
G.
Public record. The Code Administration Officer shall
file all permits and actions with the Village Clerk-Treasurer.
