Village of Tivoli, NY
Dutchess County
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Table of Contents
Table of Contents
[Amended 5-1-2002 by L.L. No. 1-2002; 2-21-2007 by L.L. No. 2-2007]
This chapter shall be administered and enforced by the Zoning Enforcement Officer (ZEO), who shall be appointed by the Mayor with the approval of the Village Board and shall serve at the pleasure of the Mayor. At the discretion of the Mayor, the Zoning Enforcement Officer may also serve as the Code Enforcement Officer created in Chapter 98.
A. 
The responsibilities of the Zoning Enforcement Officer shall include:
(1) 
Issuance of zoning permits (see § 231-55).
(2) 
Field inspections.
(3) 
Referrals to and liaison with the Village Board of Trustees, Board of Appeals and Planning Board.
(4) 
Complaint review and follow-up.
(5) 
Periodic status reports and surveys.
(6) 
Recordkeeping.
(7) 
Public information.
(8) 
The Zoning Enforcement Officer shall enforce the provisions of Chapter 151 of this Code, known as the "Noise Control Law of the Village of Tivoli," as set forth in § 151-10 of that chapter.
B. 
The Zoning Enforcement Officer shall keep a record of all applications and plans submitted for permits and a record of all permits issued with a notation of all special conditions involved. The Zoning Enforcement Officer shall not issue a permit for the occupancy of any building or the use of any property, unless such building or use conforms to all applicable laws and ordinances of the Village.
A. 
No land or building or other structure or part thereof, including accessory buildings, shall be altered in its use or occupancy, until a zoning permit has been issued by the Zoning Enforcement Officer. Except upon written order of the Board of Appeals, no zoning permit or certificate of occupancy shall be issued for any building or land where said construction, addition or alteration or use thereof would be in violation of this chapter or the requirements of Chapter 98.
B. 
All applications for zoning permits shall comply with the requirements set forth in Chapter 98 and:
(1) 
Include two copies of a layout or plot plan drawn to scale showing the shape, size, height and location in exact relation to all property lines and to street and road lines of all buildings or structures on the lot. The Zoning Enforcement Officer may require that the plan be accompanied by a written statement from a qualified engineer, or other satisfactory evidence, to the effect that all lot lines have been accurately located and staked on the ground.
(2) 
State the existing or intended occupancy and use of all such buildings and land.
(3) 
Supply other information as may be required by the Zoning Enforcement Officer to ensure that the provisions of this chapter are being observed.
C. 
Upon completion of the application, the Zoning Enforcement Officer shall either issue the zoning permit, deny the zoning permit and/or refer the applicant to the appropriate body for a variance, site plan approval or special permit approval.
D. 
Fees. Fees shall be as determined by the Village Board.
A. 
Requirement. No land or building or other structure or part thereof hereafter erected or altered in its use or building or structure shall be used or occupied until the Zoning Enforcement Officer shall have issued a certificate of occupancy stating that such land, building, structure or part thereof and the proposed occupancy or use thereof are found to be in conformity with the provisions of this chapter and upon approval of the Code Enforcement Officer as to the conformance of the building or structure with Chapter 98 of the Village of Tivoli Code.
B. 
Issuance. Within five days after notification that a building or structure or premises or part thereof is ready for occupancy or use, it shall be the duty of the Zoning Enforcement Officer to make a final inspection thereof and issue a certificate of occupancy if the land, building, structure or part thereof is found to conform with the provisions of this chapter, and the Code Enforcement Officer has found the building, structure or part thereof conforms with the provisions of Chapter 98 of the Village of Tivoli Code.
C. 
Refusal. If the Zoning Enforcement Officer, after such final inspection, refuses to issue a certificate of occupancy, the ZEO 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.
D. 
Term. A certificate of occupancy shall be deemed to authorize and is required for both initial and continued occupancy and use of the building or land to which it applies and shall continue in effect as long as such building and use thereof, or of such land, is in full conformity with the provisions of this chapter and any requirements made pursuant thereto and with the provisions of Chapter 98 of the Village of Tivoli Code. On the serving of notice by the Zoning Enforcement Officer of any violation of any of the provisions or requirements in respect to any structure or land or the use thereof, the certificate shall thereupon become null and void and a new certificate shall be required for any further use of such structure or land.
E. 
Fees. Fees shall be determined by the Village Board of Trustees.