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Back to Zoning Codes
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Article 4: Administration and Enforcement
- 400.00 Zoning Enforcement Officer
- 401.00 Certificates and Permits
- 402.00 Schedule of Fees
- 403.00 Complaints
- 404. 00 Violations and Penalties
- 405.00 Zoning Board of Appeals
Sections 406 & 410 →
Section 400.00 Zoning Enforcement Officer
- Purpose
The Village Board of Trustees shall appoint a Zoning Enforcement Officer for the purpose of administering and enforcing this local law. The records of the Zoning Enforcement Officer shall be kept in the Office of the Village Clerk.
- Duties
It shall be the duty of the Zoning Enforcement Officer to receive all applications for permits and certificates and to inspect any buildings or premises under consideration for permits and certificates. The Zoning Enforcement Buildings or premises under consideration for permits and certificates. The Zoning Enforcement Officer, in accordance with the provisions of Section 400.00, is hereby authorized to grant or deny the permits and certificates established by this local law.
- Enforcement
If the Zoning Enforcement Officer finds that any of the regulations established by this law are being violated, he shall notify in writing both the person responsible for such violations and the Mayor, indicating both the nature of the violation and the necessary corrective action which the person responsible is required to take. The Zoning Enforcement Officer is hereby empowered to order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings, structures or additions; alterations or structural changes thereto; discontinuance of any illegal construction; or to take any other action authorized by this local law to insure compliance with or to prevent violation of the regulations herein established. In addition to the empowerments of the Zoning Enforcement Officer, the Police of the Village of Alfred are empowered to enforce compliance with these regulations.
Section 401.00 Certificates and Permits
The purpose of permits and certificates is to establish equitable enforcement and administration. Permits and certificates shall be in harmony with the general purposes and intent of this law and the Comprehensive Village Plan, and not be injurious to the neighborhood or otherwise detrimental to the public welfare.
- Zoning Compliance Permit
- It shall be unlawful to construct or alter any building or structure or part thereof until a Zoning Compliance Permit has been signed by the Zoning Enforcement Officer stating that the proposed use of the building or land conforms to the requirements of this local law. Interior alterations to one-family residences shall be exempt from the provisions of this section.
- All applications for Zoning Compliance Permits shall be made to the Zoning Enforcement Officer. Where the proposed use is a residential use in a residential district, the Zoning Enforcement Officer shall carefully consider the application and supporting documents for compliance with this local law and either issue or deny the Zoning Compliance Permit. When the application is for any other use in any other district, the Zoning Enforcement Officer shall, prior to the issuance of any permit, refer one (1) copy of such plans, drawings and statements to the Planning Board and one (1) copy to the Fire Code Inspector for review and recommendations. The Planning Board shall determine that the proposed site and structures compare favorably with the Comprehensive Village Plan, with community standards, and with the properly intended and planned appearance of any street or district
- All applications for Zoning Compliance Permits shall be accompanied by plans drawn to scale, showing the actual dimensions and shape of the lot to be built upon, the exact sizes and locations of buildings already existing on the lot, and locations and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the Zoning Enforcement Officer, including exterior views of and materials descriptive of existing or proposed buildings or alterations; existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot, and such matters as may be necessary to determine conformance with, and provide for the enforcement of this local law.
- The Planning Board shall, within thirty (30) days after receipt of an application for a Zoning Compliance permit, forward to the Zoning Enforcement Officer written approval or disapproval of the proposed development or construction. In the event of disapproval, the reasons for disapproval shall be clearly stated, and the Zoning Enforcement Officer shall not issue a Zoning Compliance Permit. The applicant may than revise and resubmit the application for approval, or may request an interpretation by the Zoning Board of appeals under Section 406.00 A of this local law.
- A temporary Zoning Compliance Permit may be issued by the Zoning Enforcement Officer for a period not to exceed six (6) months during alterations or partial occupancy of a building pending completion, provided the temporary permit requires conditions and safeguards to protect the safety of occupants and the public.
- Nothing in this local law shall prohibit the filing of amendments to any application at any time before completion of the work for which the permit was sought, and such amendments after approval shall be made a part of the application and filed as such.
- All applications, notices and sworn statements required by this local law shall be kept on file in the Office of the Village Clerk.
- Any permit issued by the Zoning Enforcement Officer under provisions of this Section shall expire by limitation if no work is commenced within one (1) year from the time of issuance.
- The Zoning Enforcement Officer may revoke any permit or approval issued under the provisions of this section in the case of any false statement or misrepresentation of facts in the application on which the permit or approval is based.
- Ordinary maintenance to buildings or structures, but not to additions thereto, may be made without notice to the Zoning Enforcement Officer.
- Failure to obtain a Zoning Compliance Permit shall be a violation of this local law, and punishable under the provisions of Section 404.00 of this local law.
- B. Special Use Permit
- All applications for Special Use Permit shall be made to the Zoning Enforcement Officer who shall cause copies to be sent to the County Planning Board and to the Village Planning Board for site development plan review and evaluation of the proposed use.
- Upon receipt of the application by the Planning Board, the Board shall set a date for a public hearing concerning the proposed special use, such hearing to take place within forty-five (45) days of the Planning Board's receipt of the application. Due notice of the time and place of the hearing shall be given to the applicant. Public notice of the hearing shall be given in the official newspaper of the Village at least seven (7) days prior to the hearing. Within forty-five (45) days after the public hearing, the Planning Board shall deliver to the Zoning Enforcement Officer a written report indicating its approval or disapproval of the application and setting forth its reasons for said approval or disapproval.
- If an application is approved by the Planning Board, the Zoning Enforcement Officer shall issue the permit applied for in accordance with conditions (if any) imposed by the Planning Board. If an application is disapproved by the Planning Board, the Zoning Enforcement Officer shall deny the application and shall provide the applicant with a copy of the Planning Board's reasons for disapproval.
- C. Certificate of Occupancy
- Following completion of construction, reconstruction or alteration of any building, or where a change in use of a structure is proposed, the applicant shall inform the Zoning Enforcement Officer that construction is complete or a new use has been proposed. Within seven (7) days of receipt of this information, the Zoning Enforcement Officer shall make all necessary inspections of the completed structure and proposed use to determine conformance with this local law. A Certificate of Occupancy shall be issued only if the Zoning Enforcement Officer finds that the construction and proposed use comply with all requirements and regulations established by this local law.
- A Certificate of Occupancy is required for the following:
- Occupancy and use of a building erected, altered, moved or extended.
- Change in use of any existing building.
- Change in the use of land, except for any use consisting primarily in tilling the soil or similar agriculture use.
- Occupancy and use of vacant land, except for any use consisting primarily in tilling the soil or similar agriculture use.
- Sign Permit
All signs must comply with Section 305.00 of this Zoning Law.
- Demolition Permit
- No existing building or structure or portion thereof may be demolished without a Demolition Permit signed by the Zoning Enforcement Officer. All applications for Demolition Permits shall be reviewed by the Planning Board and approved in writing before the Zoning Enforcement Officer may give final approval.
- Failure to obtain a Demolition Permit prior to the destruction of a building shall be a violation of this local law and subject to penalties described herein.
- Swimming Pool Permit
No swimming pool may be constructed without a Swimming Pool Permit signed by the Zoning Enforcement Officer and in complete compliance with the provisions of Section 302.00 B.
Section 402.00 Schedule of Fees
The Village Board of Trustees shall establish a schedule of fees, charges and expenses and a collection procedure for Zoning Compliance Permits, Special Use Permits, Certificate of Occupancy, special permits and other matters pertaining to this local law. The schedule of fees shall be posted in the Office of the Village Clerk, and may be altered or amended only by the Village Board.
Section 403.00 Complaints
Wherever a violation of this local law occurs or is alleged to have occurred, any person may file a written Complaint. Such complaint, stating fully the basis and causes thereof, shall be filed with the Village Clerk. The Village Clerk shall deliver it to the Zoning Enforcement Officer, who shall record the complaint, immediately investigate and report to the Mayor on the alleged violation within two (2) weeks. The Mayor shall take action thereon as provided by this local law.
Section 404.00 Violations and Penalties
- Any person, whether agent, architect, builder, contractor, owner, tenant or otherwise, who violates any provisions of this local law in any way shall for each and every day that said violation continues be subject to a fine of not more than two hundred fifty dollars ($250.00).
- Whenever the Mayor of the Village or the Zoning Enforcement Officer shall certify that any building or any part thereof or any lands are being erected or used in violation of the regulations established by this local law, the Village Attorney is authorized to institute all actions and proceedings, either legal or equitable, that may be appropriate or necessary for the enforcement of this local law.
- Service of the notice of violation shall be sufficient if directed to the owner, agent of the owner or the contractor and left at the last known place of business or residence, if within the Village. If no place of business or residence can be found, then the notice shall be served by posting in a conspicuous place on the premises which are subject to the violation.
Section 405.00 Zoning Board of Appeals
- Creation, Appointment and Organization
The Village Board shall appoint a Zoning Board of Appeals consisting of five (5) members. The term of office of all members of the Zoning Board of Appeals shall be three (3) years. Vacancies shall be filled by appointment by the Village Board. The Zoning Board of Appeals shall elect a chairman from its members, shall appoint a secretary and shall prescribe rules for the conduct of its affairs. At the annual organizational meeting of the Village of Alfred, the Mayor of the Village of Alfred, with the advice and consent of the Board of Trustees, shall appoint up to three (3) alternative members of the Zoning Board of Appeals and up to three (3) alternative members of the Planning Board of the Village of Alfred (these being different persons appointed to each of the two (2) Boards). These appointments shall be for a term of one (1) year. In the event of a vacancy, the Mayor shall appoint a successor to serve until the end of the term of the vacated position. The initial appointment of alternate members to the Zoning Board of Appeals and the Planning Board will be made at the first scheduled meeting of the Village Board of Trustees following adoption of this amendment and the term of these appointments will run until the next annual organizational meeting. It shall be the duty and function of the alternate members of the Zoning Board of Appeals and of the Planning Board to serve in the place and stead of any regularly appointed member of such Board who is unable to serve due to absence, disqualification, resignation or conflict of interest. Such service shall be temporary in nature and be limited to a specific meeting, or a specific case, and shall be permitted only for the purpose and to the extent necessary to achieve a quorum. Such Alternate Members may participate in decision making only to the extent necessary, and only after they have been thoroughly informed of the facts and law of the case. Insofar as practicable, the service of such alternate members of each Board shall rotate among them.
- Zoning Board of Appeals Office
The office of the Village Clerk shall be the office of the Zoning Board of Appeals and every rule, regulation, amendment or repeal thereof and every order, requirement, or decision of any other record of the Zoning Board of Appeals shall immediately be filed in said office.
- Powers and Duties
The Zoning Board of Appeals shall have all the powers and duties prescribed by the Village Law of the State of New York and by this local law which are more particularly specified in the following section.
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