A. 
Appointment. The City of Cortland Zoning Enforcement Officer, appointed by the Common Council, shall be the primary administrator and enforcer of this chapter.
B. 
Duties and powers. It shall be the duty of the Zoning Enforcement Officer to secure the enforcement of this chapter, subject to the rules, laws, and regulations of the City Code and New York State General City Law. Such duties include, but are not limited to:
(1) 
Issue all decisions, permits, or certificates required by this chapter. No permit or approval shall be granted for any purpose except in compliance with the provisions herein;
(2) 
Issue a written notice of violation to any person, firm or corporation violating any provisions of this chapter;
(3) 
Make all inspections as required by this chapter, the Common Council, the Planning Commission, and New York State General City Law; and
(4) 
Perform all other duties as provided in this chapter and by New York State General City Law.
C. 
Official record. The City Clerk shall keep all records of applications, permits or certificates issued, inspections made, reports rendered, and notices or orders issued by the Zoning Enforcement Officer.
D. 
Issuance of building permit. No building permit shall be issued unless all provisions of this chapter have been compiled with. The specific responsibilities of the Zoning Enforcement Officer with regard to the enforcement and administration of this chapter are identified where applicable.
A. 
Establishment. In accordance with New York State General City Law, the City of Cortland hereby establishes a City Planning Commission for the purposes of administering and enforcing this chapter.
B. 
Membership.
(1) 
The Planning Commission shall consist of seven members appointed by the Common Council. The Common Council or Planning Commission may designate one member to serve as chairperson.
(2) 
Removal of members, alternates, and vacancies on the Planning Commission shall be addressed as provided for in New York State General City Law.
(3) 
Each member of the Planning Commission shall complete, at a minimum, four hours of training each year designed to enable such members to more effectively carry out their duties as required in New York State General City Law.
C. 
Powers and duties. The City of Cortland Planning Commission shall have the authority to fulfill the following powers and duties:
(1) 
Employ experts, clerks, and a secretary, pay for their services, and provide for such other expenses as may be necessary, not exceeding the appropriation made therefor by the Common Council.
(2) 
Recommend to the Common Council regulations relating to any subject matter over which the Planning Commission has jurisdiction under New York State General City Law and this chapter;
(3) 
Review and make recommendations on a proposed City comprehensive plan or amendment thereto;
(4) 
Review and make recommendations regarding any proposed amendments or updates to the text of this chapter;
(5) 
Make investigations, maps, reports and recommendations in connection to the planning and development of the City as it seems desirable, providing the total expenditures of Planning Commission do not exceed the appropriation provided therefor by the Common Council;
(6) 
Review and approve, approve with modifications or conditions, or disapprove a site plan application prepared to specifications set forth in this chapter; and
(7) 
Review and approve, approve with modifications or conditions, or disapprove a special permit application prepared to specifications set forth in this chapter.
(8) 
Seek recommendations from other boards, commissions, departments, or local, county, state, and regional agencies, as it deems appropriate, to aid in fulfilling any one duty provided herein.
D. 
Meetings and planning commission conduct.
(1) 
The Commission shall hold at least one meeting each month and may hold additional meetings at other times at the call of the Chairperson. The Chairperson may cancel any meeting.
(2) 
Hearings shall be public, and decisions shall be voted upon at public sessions. The Planning Commission may otherwise hold executive sessions in accordance with the New York State Open Meetings Law.
(3) 
The presence of four members shall constitute a quorum for the conduct of business before the board. A concurring vote of four members of the Commission shall be necessary to decide any matter brought before it, except as provided for herein or by New York State General City Law.
(4) 
In accordance with General Municipal Law § 239-m, a concurring vote of five members of the Commission is necessary to override a recommendation by the Cortland County Planning Commission.
(5) 
In accordance with General Municipal Law § 809, a member of the Commission having a conflict of interest shall abstain from any discussion or vote on that matter.
(6) 
The Commission may request advice or opinions on the law relating to any matter before it from the Corporation Counsel of the City of Cortland or independent Council and require the Corporation Counsel to attend its meetings.
(7) 
The Commission may require the Zoning Enforcement Officer or Code Enforcement Officer to attend its meetings to present any facts relating to any matter before the Commission.
E. 
Official record.
(1) 
The Planning Commission shall keep minutes of all its meetings. The City Clerk shall be the secretary to the Commission and shall take the minutes.
(2) 
The Planning Commission shall make a record of all of its proceedings, including the reading of the case, public hearing, deliberation, voting and decisions of the Commission. A public record of such items shall be maintained at City Hall and made available to the public by request.
(3) 
Planning Commission decisions shall be made in writing reflecting all findings and filed with the City Clerk, who shall thereupon mail a copy of the decision to the applicant.
A. 
No change in use of a lot or building shall occur until after the Planning Commission's review and the Zoning Enforcement Officer has issued a certificate of zoning compliance. A certificate of zoning compliance shall also be required for every property change in ownership.
B. 
No single-family dwelling shall be occupied by four or more individuals unrelated by blood, marriage or adoption until a certificate of zoning compliance shall have been issued.
C. 
The Zoning Enforcement Officer is authorized to consult the following resources in assessing the use of a property for issuance of a certificate of zoning compliance.
[Amended 9-3-2019 by L.L. No. 6-2019]
(1) 
Continuous lease or rental information maintained by the City back to 2003 or a combination of rental information and a signed and notarized affidavit of continuous use;
(2) 
City records of certificates of zoning occupancy or certificates of zoning compliance;
(3) 
Utility bills;
(4) 
Multiple Residency Law (MRL) fire inspection and complaint records;
(5) 
Building permits and certificates of occupancy;
(6) 
Electrical inspections;
(7) 
State University of New York (SUNY) rental listings;
(8) 
City Assessor records;
(9) 
Cortland County real property tax information;
(10) 
City Water Department records;
(11) 
Sewer Department records;
(12) 
Polk Directory or other similar service;
(13) 
Mortgage or bank statements;
(14) 
Real estate transaction records;
(15) 
Section 8 documentation;
(16) 
Department of Social Services records.
A. 
Any person who shall violate or fail to comply with any of the provisions of this chapter, or who shall violate or fail to comply with any order or regulation made thereunder, or who shall continue to work upon any building, structure or sign, or who shall continue to operate or conduct any use prohibited by this chapter shall be guilty of an offense and subject to a criminal penalty of a fine of $250 or imprisonment of 150 days, or both such fine and imprisonment, or a civil penalty of a fine of $1,000 for each offense.
B. 
Each day that such violation continues to exist shall constitute a separate offense. The application of the above penalty shall be effective as of the date of the service of the violation upon the property owner or their designated agent and not be held to prevent the enforced removal or correction of a prohibited condition as provided in § 300-184 of this chapter, nor appropriate civil action to restrain the violation of any provision of this chapter.
C. 
To the fullest extent authorized under the New York State General City Law and the New York State Real Property Tax Law, the Common Council shall have the authority to issue levies against the owner's real property for fines and/or fees due under this chapter.
A. 
In addition to the rights and penalties provided in this article, the City may restrain by injunction any violation of this chapter or any failure to comply with any of the provisions of this chapter.
A. 
Any building, structure or sign erected or any use conducted in violation of this chapter may be removed, closed or halted at once by the Zoning Enforcement Officer with the issuance of a stop order.
B. 
Any person ordered to comply with the provisions of this chapter or to cease and desist any use prohibited by this chapter, and who is in disagreement with the judgment of the Zoning Enforcement Officer, may appeal to the Zoning Board of Appeals, provided that a written statement is filed pursuant to § 300-143 setting forth the reasons for such appeal within 60 days from the service of the order upon such person. Said officer shall notify such person of this right to appeal and of the sixty-day time limitation.
A. 
In addition to any fees required by Chapter 100 of the Code of the City of Cortland, the following fee schedule shall apply as amended by the Common Council.
B. 
Certificate of zoning compliance.
(1) 
Residential:
(a) 
Single- or two-family dwellings: $25.
(b) 
Multifamily dwellings: $100, plus $2 per dwelling unit over three.
(2) 
All other uses except certificates issued to renew New York State licenses: $100.
C. 
Fence permit: $40.
D. 
Interpretation: $50.
E. 
Professional and publication fees. Each applicant shall pay all publication fees, recording fees and fees for all professionals engaged by the Historic Commission, the Planning Commission or the Zoning Board of Appeals to advise it regarding any such application. Only the fees of such professionals that are incurred for necessary time devoted to reviewing the application and all required submittals, other than time expended at regular meetings of the Historic Commission, the Planning Commission or the Zoning Board of Appeals, shall be paid by the applicant. The applicant shall also be required to reimburse any legal fees incurred by the Historic Commission, the Planning Commission or the Zoning Board of Appeals for the preparation of any legal documents required by the action of those various entities. The fee rate to be paid shall be the same rate such professionals charge the Historic Commission, the Planning Commission or the Zoning Board of Appeals for its routine services. The fees so incurred shall be paid in advance by the applicant by depositing with the City Clerk, within 10 days of notification, a sum to be estimated by the Historic Commission, the Planning Commission or the Zoning Board of Appeals at its first meeting where the application is to be considered. The actual professional fees to be charged to the applicant shall be charged against said sum and any unused portion thereof shall be returned to the applicant upon completion of action by the entities. In the event that said estimated fees are not paid when due, the application shall be denied at the next regularly scheduled meeting, unless another suitable arrangement is made with the applicant to insure payment of all fees that may be incurred. From time to time during review of the project, the professional fees may be revised and, if appropriate, an additional estimated payment may be required.
F. 
Sign permit.
(1) 
For the first 32 square feet: $10.
(2) 
Over 32 square feet: $20.
(3) 
For high-rise signs: An additional $150.
G. 
Site plan review: $150.
H. 
Minor improvement plan review: $100
I. 
Special use permit: $150.
J. 
Temporary site plan review: $50.
K. 
Variance application.
(1) 
Area variance:
(a) 
Residential: $50.
(b) 
All other uses: $75.
(2) 
Use variance:
(a) 
Residential: $250.
(b) 
All other uses: $250.
A. 
Amendments to this chapter shall be in accordance with the provisions of the General City Law. Any proposed amendment shall be submitted to the Planning Commission and, if required by General Municipal Law § 239-m, to the Cortland County Planning Commission for report and recommendation prior to any action thereon by the Common Council.
A. 
Should any section of or provisions of this chapter be decided by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.