All provisions of this chapter shall be enforced
by the Zoning Enforcement Officer, appointed by the Trustees for the
purpose of such enforcement. It shall be the duty of such enforcement
official, and in the absence of such appointment it shall be the duty
of the Village Clerk, to keep a record of all permits issued with
a notification of all special conditions relating thereto. Such official
shall file copies submitted, all of which shall be available for public
use.
A.
It shall be the duty of the Zoning Enforcement Officer
or a duly authorized assistant to cause any plans, buildings or premises
to be examined or inspected to determine that they are not in violation
of the provisions of this chapter, the New York State Uniform Fire
Prevention and Building Code and any other regulations related to
land and building use and construction in the Village of Chittenango.
B.
Where the Zoning Enforcement Officer determines that
any plans, buildings or premises are in violation of this chapter,
the responsible party shall be ordered by the Enforcement Officer,
in writing, to remedy such conditions. Said written order shall specify
the nature of the violation found to exist, the remedy ordered and
the time permitted for such action, the penalties and remedies which
may be invoked by the Village and the time permitted for such remedial
action and the violator's rights of appeal, all as provided for by
this chapter.
C.
On the serving of notice by the Zoning Enforcement
Officer to the owner of any violation of any of the provisions of
this chapter, the certificate of occupancy for such building or use
may be held null and void. In such event, a new certificate of occupancy
shall be required for any further use of such building or premises.
D.
The Zoning Enforcement Officer shall maintain a permanent
record of all matters considered and all action taken. Such records
shall form a part of the records of the office and shall be available
for the use of the Village Board, other officials of the Village and
the public. The records to be maintained shall include at least the
following:
(1)
Application file. An individual permanent file for
each application for a permit required by this chapter shall be established
at the time the application is made. Said file shall contain a copy
of the application and all supporting documents, maps and plans; notations
regarding pertinent dates and fees and the like, as appropriate; a
copy of the resolution of the Board of Appeals or Planning Board in
acting on the application; the date of referral to the Madison County
Planning Board, if applicable, and the action taken by such Board;
the environmental assessment determination; and the date the permit
was issued or denied by the Zoning Enforcement Officer.
(2)
Monthly report. The Zoning Enforcement Officer shall
prepare a monthly report for the Village Board. Said report shall
cite all actions taken by the Zoning Enforcement Officer, including
all referrals made, all permits and certificates issued and denied
and all complaints of violations received and all violations found
and the action taken consequent thereon. A copy of this monthly report
shall also be transmitted by the Zoning Officer to the Tax Assessor,
Planning Board and Board of Appeals at the same time it is transmitted
to the Village Board.
The certificates and permits enumerated herein
are hereby established for the equitable enforcement and administration
of the provisions of this chapter. A zoning permit shall be prerequisite
to the issuance of a building permit as prescribed by the New York
State Uniform Fire Prevention and Building Code.
A.
Zoning permit.
(1)
The Zoning Enforcement Officer is hereby empowered
to issue a zoning permit for any plans regarding the construction
or alteration of any building or part of any building or the use of
any land or building or part thereof.
(2)
No such permit shall be issued for any building or
for any use of land where said construction, addition, alteration
or use thereof could be in violation of any of the provisions of this
chapter and applicable provisions of the New York State Uniform Fire
Prevention and Building Code. Ordinary maintenance of a structure
or building does not require a zoning permit.
B.
Special permit. Upon written authorization by the
Planning Board or the Board of Appeals, the Zoning Enforcement Officer
is hereby empowered to issue a special permit for any land use or
activity for which a special permit is required pursuant to the provisions
of this chapter.
C.
Certificate of occupancy. The Zoning Enforcement Officer
is hereby empowered to issue a certificate of occupancy which shall
certify that all provisions of this chapter have been complied with
in respect to the proposed use of land and the location and use of
the building, structure or premises in question.
D.
Temporary certificate of occupancy. Upon request,
a temporary certificate of occupancy may be issued by the Zoning Enforcement
Officer for a period not exceeding six months. Such temporary certificate
shall be issued only under such conditions and restrictions as will
adequately assure the safety of the occupants and completion of all
unfinished improvements required by the terms of the building permit.
For good cause the Enforcement Officer may allow a maximum of two
extensions of a temporary certificate for periods not exceeding three
months each.
E.
Required seal. In accordance with the provisions of
§§ 7209 and 7307 of Articles 145 and 147 of the New
York State Education Law, no building or zoning permit shall be issued
for plans which are not stamped with the seal of a licensed architect
or engineer. This provision shall not apply to:
(1)
Farm buildings used directly and solely for agricultural
purposes.
(2)
Residence buildings with a gross area of 1,500 square
feet or less, excluding garages, carports, porches, cellars or uninhabitable
basements or attics.
(3)
Alterations, costing $10,000 or less, to any building
or structure which do not involve changes affecting the structural
safety or public safety thereof.
A.
Procedure for a zoning or building permit. All applications for a zoning or building permit shall be made to the Zoning Enforcement Officer in accordance with § 148-50 of this chapter. The Enforcement Officer will issue a zoning or building permit if all applicable provisions of this chapter and the New York State Uniform Fire Prevention and Building Code are met. If it is determined that an interpretation, variance or special permit is required, the Enforcement Officer will refuse to issue a zoning or building permit until duly authorized in accordance with the provisions of this chapter. One copy of said application shall be returned to the applicant, together with the zoning or building permit, when the application is approved and upon the payment of any required fee.
B.
Procedures for a special permit.
(1)
All applications for special permits shall be made to the Zoning Enforcement Officer in accordance with § 148-50 of this chapter. If the application is in proper form, the Enforcement Officer shall submit one copy to the Zoning Board of Appeals or the Planning Board, as appropriate, for review and action thereon. (See § 148-37B.)
(2)
If an application for a special permit is approved,
the Enforcement Officer shall be furnished with a copy of the approving
resolution and shall, if there is compliance with all other relevant
regulations, issue the permit applied for in accordance with any conditions
imposed by the authorizing Board.
(3)
If an application for a special permit is disapproved
by the authorizing Board, the reasons for such denial shall be set
forth in the Board's resolution, and a copy of such resolution shall
be transmitted to the Enforcement Officer. The Enforcement Officer
shall deny the application accordingly by providing the applicant
with a copy of the Board's reasons for disapproval.
C.
Procedures for a certificate of occupancy.
(1)
Following the completion of the construction, reconstruction
or alteration of any building or where a change in the use of a structure
is proposed, the applicant shall transmit, by certified mail, to the
Zoning Enforcement Officer a letter stating that such construction
has been completed or that a new use has been proposed. Within seven
days of the receipt of this letter, the Zoning Enforcement Officer
shall make all necessary inspections of the completed structure and
proposed use to determine the conformance with this chapter. A certificate
of occupancy shall be issued only if the Zoning Enforcement Officer
finds that the construction and proposed use comply with all the requirements
and provisions of this chapter. Unless waived by the Enforcement Officer,
setback and similar requirements related to the location of structures,
utilities, parking areas and similar items shall be verified by instrument
or tape measurements from identified bench marks.
(2)
Refusal. If the Zoning Enforcement Officer, after
such final inspection, refused to issue a certificate of occupancy,
he shall state such refusal in writing, with the cause, and immediately
thereupon mail notice of such refusal to the applicant at the address
indicated on the application.
Each application for a zoning permit or special
permit shall be made in quadruplicate with accompanying site plans,
as appropriate, drawn to scale. The materials to be submitted with
each application shall clearly show the conditions on the site at
the time of the application, the features of the site which are to
be incorporated into the proposed use or building and the appearance
and function of the proposed use or building. As a minimum, the application
shall include the following information and plans for both before
and after conditions, unless such information is waived by the Enforcement
Officer and so noted on the application:
A.
The shape and dimension of the lot to be built upon
or used, at a scale of one inch equals 20 feet or as otherwise required
by the Zoning Enforcement Officer.
B.
The physical characteristics of the site, including
an indication of topography, vegetation and drainage.
C.
The existing zoning for the parcel and for all adjacent
parcels.
D.
The location, use and dimensions of each use and building
including calculated building coverage.
E.
The location and arrangement of vehicular accessways
and the location, size and capacity of all areas used for off-street
parking, loading and unloading.
F.
The location and dimensions of sidewalks, walkways
and other areas established for pedestrian use.
G.
The design and treatment of open areas, buffer areas
and screening devices maintained, including all areas devoted to lawns,
trees and other landscaping devices.
H.
The provisions for water supply, sewage disposal and
storm drainage.
I.
The location and design of any proposed sign, exterior
site lighting and improvements other than a building.
J.
The estimated cost of the building and other improvements
proposed.
L.
Such other data and plans as the Zoning Enforcement
Officer or the Board of Appeals or Planning Board may require to properly
take action on the application.
If it shall appear, at any time, that the application
or accompanying plot is in any material respect false or misleading
or that work being done on the premises differs materially from that
called for in the application filed under existing laws or ordinances,
the Zoning Enforcement Officer may forthwith revoke the building or
zoning permit, whereupon it shall be the duty of the person holding
the same to surrender it and all copies thereof to the Enforcement
Officer. A revocation order may be reviewed by the Zoning Board of
Appeals upon appeal. Before issuing a new permit, when revocation
has occurred, the Enforcement Officer shall be satisfied that the
violation has been corrected or that a variance has been granted by
the Zoning Board of Appeals.
[Amended 7-24-2001 by L.L. No. 2-2001; 8-28-2001 by L.L. No.
3-2001]
Each application for permit provided for by
this article shall be accompanied by a fee, payable in cash or other
form of security approved by the Village Attorney, in accordance with
a fee schedule as set, from time to time, by resolution of the Board
of Trustees of the Village.
