A.
Administrative official. Except as otherwise provided
in this chapter, the Code Enforcement Officer or other person designated
by Common Council by resolution, shall be designated the Zoning Officer
and shall enforce this chapter, including the receiving of applications,
the inspection of premises and the issuing of building permits. No
building permit or certificate of occupancy shall be issued by him,
except where the provisions of this chapter have been complied with.
B.
Building permit required. No building or structure
shall be erected, added to or structurally altered until a permit
therefor has been issued by the Zoning Officer. All applications for
such permits shall be in accordance with the requirements of this
chapter, and, unless upon written order of the Zoning Board of Appeals,
no such building permit or certificate of occupancy shall be issued
for any building where said construction, addition or alteration or
use thereof would be in violation of any of the provisions of this
chapter.
[Amended 12-15-1998 by Ord. No. 8-1998]
(1)
Matter accompanying application. There shall be submitted
with all applications for building permits four copies of a layout
or plot plan drawn to scale showing the actual dimensions of the lot
to be built upon, the exact size and location on the lot of the building
and accessory buildings to be erected, and such other information
as may be necessary to determine and provide for the enforcement of
this chapter. Within the Business Improvement District (BID), two
of the four copies of the plot plan, for new construction or additions
only, will be sent to the site plan review Team for comment. The Site
Plan Review Team shall consist of the Planning Commission, together
with the staff of the Department of Community Development and the
Zoning Officer. The Community Development Director shall be Chairperson.
The Team will meet within 30 days of the application to review the
site plan for compliance with this chapter and to indicate required
improvements or modifications to the site plan. Within 30 days of
the application, the Team's recommendation of approval, conditional
approval or disapproval based on compliance with this chapter will
be submitted, in writing, simultaneously to the property owner and
to Common Council.
(2)
In the case of a project that is not approved, the
owner is invited to meet with the Planning Commission to address the
required adjustments.
(3)
Payment of fee: The Common Council shall establish
by resolution such fees as it shall deem appropriate in regard to
the administration of this chapter.
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
Zoning Officer, stating that the building or proposed use thereof
complies with the provisions of this chapter.
B.
No nonconforming use shall be maintained, renewed,
changed or extended in any district without a certificate of occupancy
having first been issued by the Zoning Officer thereof.
C.
All certificates of occupancy shall be applied for
coincident with the application for a building permit. Said certificate
shall be issued within 30 days after the erection or alteration shall
have been completed.
D.
No permit for excavation for, or the erection or alteration
of or repairs to, any building shall be issued until an application
has been made for a certificate of occupancy.
E.
Under such rules and regulations as may be established
by the Zoning Board of Appeals and filed with the Zoning Officer,
a temporary certificate of occupancy for not more than 30 days for
a part of a building may be issued by him.
A.
Creation, appointment and organization. A Zoning Board
of Appeals is hereby created in accordance with applicable sections
of the General City Law, Chapter 21, of the Consolidated Laws, Articles
2-A and 5-A. Said Board shall consist of seven members. The Board
shall elect a Chairman from its membership, shall designate a Secretary
and shall prescribe rules for the conduct of its affairs.[1]
B.
Powers and duties. The Zoning Board of Appeals shall
have all the powers and duties prescribed by law and by this chapter,
which are more particularly specified as follows:
(1)
Interpretation. An applicant may appeal a decision
by the Zoning Officer to decide any provision of this chapter, including
determination of the exact location of any district boundary if there
is uncertainty with respect thereto.[2]
(2)
Special permits. The Zoning Board of Appeals shall have the power, after providing public notice and hearing as provided in Subsection D of this section, to grant or deny special permits where required by this chapter for the particular use in the particular district. (See Use Table.)
(a)
The Zoning Board of Appeals may not grant such
permit unless it finds:
[1]
That the use for which such permit is sought
will not be injurious to the neighborhood or otherwise detrimental
to the public welfare and will be in harmony with the general purpose
of this chapter. In determining its findings, the Board shall take
into account the character of the neighborhood and use of adjoining
buildings and those in the vicinity, the number of persons residing
or working in such buildings or upon such land, and traffic conditions
in the vicinity.
[2]
That all structures, equipment and materials
shall be reasonably accessible for fire and police protection.
(b)
Any special permit which is not exercised within
one year from the date of issuance is hereby declared revoked without
further hearing by the Zoning Board of Appeals.
(c)
In granting any special permit, the Board shall
require all off-street parking necessary to meet the Parking Requirements
Table[3] to be a paved surface of either blacktop, concrete, or equivalent as specified by the City Engineer, and the area shall also be required to meet the screening specification as enumerated in Article IV, § 575-22, Off-street parking and loading, of this chapter.
[Added 11-23-2004 by Ord. No. 2-2004]
[3]
Editor's Note: The Parking Requirements Table is included
at the end of this chapter.
(d)
In granting any special permit, the Board shall
prescribe any condition, which it deems to be necessary or desirable
for the public interest.
(3)
Use variance.
(a)
The Zoning Board of Appeals, on appeal from
the decision or determination of the administrative official charged
with the enforcement of this chapter, shall have the power to grant
use variances, as defined herein.
(b)
No such use variance shall be granted by a Zoning
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 Zoning 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 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.
(4)
Area variance.
(a)
The Zoning Board of Appeals shall have the power,
upon an appeal from a decision or a determination of the administrative
official charged with the enforcement of this chapter to grant area
variances as defined herein.
(b)
In making its determination, 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 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; and
[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.
(c)
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.
(5)
Imposition of conditions. The Zoning Board of Appeals
shall, in the granting of both use 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 community.
C.
Procedure. The Zoning Board of Appeals shall act in
strict accordance with the procedure specified by law and by this
chapter, more particularly described as follows:
(1)
All appeals and applications made to the Board shall
be in writing and on forms prescribed by the Board and shall include
at least:
(a)
Reference to the specific provision of this
chapter involved;
(b)
The district in which the parcel is located;
(c)
A plot plan, drawn approximately to scale, showing
the location of all existing and proposed buildings and structures;
(d)
Either the exact interpretation of this chapter
claimed, the use for which a special permit is sought, or the details
of the variance that is applied for and the ground on which it is
claimed that the variance should be granted.
(2)
The Secretary of the Zoning Board of Appeals shall
transmit for comment and review to the City Planning Commission, the
County Planning Board, in accordance with § 239-m of General
Municipal Law, State of New York, and the Code Enforcement Officer,
a complete copy of said application and appeal, together with a notice
of the required public hearing (if requested) at least 10 days prior
to aforesaid hearing.[4]
(3)
Every decision of the Zoning Board of Appeals shall
be by resolution, each of which shall contain a full record of the
evidence presented and the findings of the Board.
(4)
Each resolution shall be filed in the office of the
City Clerk by case number under one of the following headings: interpretation,
special permits or variance. Each file shall include all pertinent
documents.
(5)
The Zoning Board of Appeals shall notify the City
Council and the Planning Commission of each special permit and each
variance granted under the provisions of this chapter.
(6)
Administration of the Zoning Board of Appeals will
conform to all applicable sections of the General City Law.
D.
Notice and hearing. No action of the Board shall be
taken on any case until proper notice has been given and a public
hearing has been held. Proper notice of a hearing before the Board
shall be, besides "public notice," written notice mailed to the owner
or his agent and, so far as it is practicable, written notice to directly
affected property owners or their agents, given at least 10 days prior
to the date of such proposed hearing in such manner as the Board may,
by its rules, prescribe.
When an application for a special permit, site
plan review or use variance involves property that is within 500 feet
of an adjacent municipality, as defined in § 239-nn of the General
Municipal Law, the Planning Commission shall give notice to the adjacent
municipality by mail or electronic transmission to the clerk of the
adjacent municipality at least 10 days prior to any hearing. Such
adjacent municipality may appear and be heard.
The Common Council may on its own motion or
on petition, or on recommendation of the Planning Commission, amend,
supplement or repeal the regulations and provisions of this chapter.
A.
Every such proposed amendment or change, whether initiated
by the Common Council or by petition, shall be referred to the Planning
Commission for study and report thereon before the public hearing
hereinafter provided for.
B.
C.
An amendment for rezoning may be initiated by a petition
of interested property owners or authorized agents of such owners
for rezoning of any land to less restricted district, provided that
said land is adjacent to or directly across a street or alley from
property which is already zoned in the same or less restricted zone
as that to which said property is proposed to be rezoned.
[Amended 11-23-2004 by Ord. No. 2-2004]
A.
The property owner shall have 60 days to correct such
violation or face prosecution by the City of Norwich. Any person who
is found guilty of violating any provision of this chapter shall be
punishable by a fine of not to exceed the maximum allowed by law and/or
imprisonment not to exceed 15 days. Each violation of this chapter
shall be a separate offense and each day of said violation shall be
considered a separate offense.
B.
The imposition of the above punishment shall not restrict
the City of Norwich in enforcing compliance with this chapter or other
appropriate proceeding.
