Village of Alexandria Bay, NY
Jefferson County
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Table of Contents
Table of Contents
[Amended 7-26-1994 by L.L. No. 5-1994]
A. 
The Zoning Enforcement Officer (ZEO) shall enforce the provisions of this chapter. No zoning permit or zoning certificate of occupancy shall be issued by him except where all the provisions of this chapter have been complied with.
B. 
The Zoning Enforcement Officer shall promptly investigate any and all complaints of violations of this chapter and shall cause a written report on each such violation to be rendered to the Village Board of the Village of Alexandria Bay on at least a monthly basis or more often as designated by the Village Board.
C. 
Such a report shall contain the Zoning Officer's assessment of whether or not a violation exists, a statement as to any and all actions taken by the ZEO to seek any voluntary abatement of such violations and a recommendation to the Village Board as to whether or not further prosecution of the violation is indicated. The ZEO shall commence and prosecute enforcement proceedings in any court of valid jurisdiction in the name of the village.
D. 
In prosecuting violations in a local justice court, the ZEO may initiate such by the service upon the alleged violators of an appearance ticket which shall be on a form approved by the Village Board and which adequately describes the date, time and place of the alleged violation, the section of law violated, a brief description of said violation and the time, date and place to appear in court.
E. 
In the absence of the ZEO or in case said officer is unable to act for any reason, the Mayor of the Village of Alexandria Bay shall have all the powers and duties of the Zoning Enforcement Officer.
A. 
No building or structure shall be erected or substantially altered or changed until a permit has been issued by the ZEO. Except upon a written order of the Zoning Board of Appeals, no such zoning permit or zoning 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.
B. 
There shall be submitted with all applications for zoning permits two copies of a layout or plot plan showing the actual dimensions of the lot to be built upon, the 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.
C. 
One copy of such layout or plot plan shall be returned when approved by the ZEO together with such permit to the applicant upon the payment of a fee as established pursuant to § 150-26.
D. 
Zoning permits shall remain valid for a maximum of one year from date of issue.
E. 
No application for a zoning permit will be complete until the appropriate administration fee, established pursuant to § 150-26, is deposited with the Village Treasurer.
A. 
No land shall be occupied or used and no building hereafter erected or substantially altered shall be used or changed in use until a certificate of occupancy shall have been issued by the ZEO stating that the building or proposed use thereof complies with the provisions of this chapter.
B. 
All zoning certificates of occupancy shall be applied for coincident with the application for a building permit. Said certificates shall be issued within 10 days after the erection or alteration shall have been approved by the ZEO as complying with the provisions of this chapter.
C. 
The ZEO shall maintain a record of all certificates and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building affected.
D. 
Under such rules and regulations as may be established by the Zoning Board of Appeals, a temporary certificate of occupancy for not more than 30 days for a part of the building may be issued by the ZEO.
A. 
The current Zoning Board of Appeals shall continue, and members shall serve their remaining terms.
B. 
The Mayor, subject to Village Board approval, shall appoint the members and designate the Chairman of the Board of Appeals. The Mayor shall appoint a Secretary, subject to Village Board approval, and the Village Board shall prescribe rules for the conduct of the ZBA affairs.
C. 
Powers and duties. The Board of Appeals shall have all the power and duties prescribed by law, which are more particularly specified as follows:
(1) 
Interpretation. Upon appeal from a decision by an administrative official, to decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.
(2) 
Variances.
(a) 
To vary or adapt the strict application of any of the requirements of this chapter in the case of exceptionally irregular, narrow, shallow or steep lots or other exceptional physical conditions, whereby such strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, but in no other case. No variance in the strict application of any provision of this chapter shall be granted by the Board of Appeals unless it finds:
[1] 
That there are special circumstances or conditions, fully described in the findings of the Board, applying to such land or buildings and not applying generally to land or buildings in the neighborhood and that said circumstances or conditions are such that strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or buildings.
[2] 
That, for reasons fully set forth in the findings of the Board, the granting of the variance is necessary for the reasonable use of the land or building and that the variance as granted by the Board is the minimum variance that will accomplish this purpose.
[3] 
That the granting of the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(b) 
In granting any variance, the Board of Appeals shall prescribe any conditions that it deems to be necessary or desirable.
D. 
Procedure.
(1) 
The Board of Appeals shall act in strict accordance with the procedure specified by law. All appeals and applications made to the Board shall be in writing, on forms prescribed by the Board. Every appeal or application shall refer to the specific provisions of the law involved and shall exactly set forth the interpretation that is claimed or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be.
(2) 
Every decision of the Board of Appeals shall be by resolution, each of which shall contain a full record of the findings of the Board in the particular case.
Complaints of violations. Whenever a violation of this chapter occurs, the Zoning Officer, village or any person may file a complaint. All such complaints must be in writing and filed with the enforcement officer, who shall properly record such complaint and immediately investigate and shall institute appropriate legal procedures to correct the violation or issue penalties. This shall commence with a stop-work order and an order to correct the violation being issued. If the violation is not corrected within the specified time, the Zoning Officer shall take action to compel compliance.
A. 
Any person, firm or corporation that commits a violation against, disobeys, neglects or refuses to comply with or resists the enforcement of any provision of this chapter shall, upon conviction, be deemed guilty of an offense punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. Each week's continued violation shall constitute a separate additional violation.
[Amended 7-26-1994 by L.L. No. 5-1994]
B. 
In addition to the penalties provided above, the Village Board may also maintain an action or proceeding in the name of the village in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of this chapter.
The Village Board may from time to time amend, supplement or repeal the regulations and provisions of this chapter after public notice and public hearing. All proposed changes shall be referred to the Jefferson County Planning Board for its recommendation and for a report thereon prior to final action. The Village Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed amendment and cause notice to be given as required by Village Law § 7-708.
Interpretation and application. The provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety or the general welfare. Whenever the requirements of any other lawfully adopted rules, regulations, laws or ordinances conflict, the most restrictive, or that imposing the highest standards, shall govern.
A. 
All applicants for any permit, approval or variances under this chapter are required to pay a fee to cover the administrative expenses of the village. Failure to pay such fee shall be deemed a violation of this chapter.
B. 
All applications for any approval, permit or variance shall be accompanied by a cash deposit, certified check or surety bond payable to the Village of Alexandria Bay in an amount determined by the:
(1) 
Mayor, for all applications requiring the Village Board's approval or other action.
(2) 
Chairman of the Planning Board, for all applications requiring the Planning Board's approval.
(3) 
Chairman of the Zoning Board of Appeals, for all applications requiring such Board's approval or decision.
(4) 
Zoning Enforcement Officer, for matters requiring his approval or action. Such amount shall include his anticipated actual charges to the village for reviewing the action.
C. 
The Mayor, Chairman of the Planning Board, Chairman of the Zoning Board of Appeals and Zoning Officer, as the case may be, should obtain estimated expenses from the village's Engineers, Attorneys and Clerk and Village Enforcement Officer prior to setting the amount of the cash deposit, certified check or surety bond required of each applicant.
D. 
The Mayor, Chairman of the Planning Board, Chairman of the Zoning Board of Appeals or Zoning Enforcement Officer, as the case may be, may require additional security for the village's administrative expense, in accordance with the provisions of this section, in the event that the village's potential liability for such expense exceeds the initial amount deposited.
E. 
Upon completion of the latter of final approval or rejection of any application for approval, or final approval of any and all completed improvements and submission of all final bills to the village for its administrative expenses incurred as a result of the applicant's proposed plan, all unused funds or proceeds from a surety bond shall be refunded to the applicant.
F. 
The fee established under § 150-26A shall be doubled for any applicant seeking a permit after they have already commenced the activity for which the permit is requested.
[Added 11-14-2017 by L.L. No. 5-2017]