[Amended 4-21-2003 by L.L. No. 4-2003; 11-25-2019 by L.L. No. 11-2019]
A Village Zoning Enforcement Officer (ZEO),
with the assistance of such other persons as the Village Board of
Trustees may direct, will administer and enforce this chapter. If
the ZEO finds that any of the provisions of this chapter are being
violated, the ZEO must notify in writing the person responsible for
such violations and the Village Board of Trustees, indicating the
nature of the violation and ordering the action necessary to correct
it. The ZEO is hereby empowered to inspect properties; order discontinuance
of illegal use of land, buildings or structures; remove illegal buildings
or structures or of additions. Alterations or structural changes thereto;
discontinue any illegal work being done; or to take any other action
authorized by this chapter to ensure compliance with or to prevent
violation of its provisions.
A.
A Village zoning permit is required for all new structures
and for any exterior changes to an existing structure.
(1)
No
building or other structure may be erected, moved, added to, demolished,
or subject to an exterior change without a Village zoning permit therefor
issued by the ZEO. No permit may be issued except in conformity with
the provisions of this chapter, except after written order from the
Zoning Board of Appeals.
(2)
No Village zoning permit may be issued where the proposed structure is located in a flood hazard location except in conformity with § 300-31B of this chapter.
(3)
Where
a site development plan is required by this chapter, no Village zoning
permit may be issued for any buildings or structures on the site until
the site development plan has been approved by the Planning Board.
B.
A Village zoning permit is required for any new or
altered use.
(1)
It
is unlawful to use or occupy or permit the use or occupancy of any
building or premises, or both or part thereof, hereafter created,
erected, changed, converted, or wholly or partly altered or enlarged
in its use or structure until a Village zoning permit has been issued
therefor by the ZEO, stating that the proposed use of the building
or land conforms to the requirements of this chapter.
A.
All applications for Village zoning permit must be
accompanied by plans in duplicate, drawn to scale, showing the actual
dimensions and shape of the lot to be built upon; the exact sizes
and locations of the buildings already existing, if any; and the location
and dimensions of the proposed building or alteration. The application
must include such other information as lawfully may be required by
the ZEO, including but not limited to existing or proposed buildings
or alterations; existing or proposed uses of the buildings and land;
the number of families, housekeeping units or rental units the building
is designed to accommodate; conditions existing on the lot; and such
other matters as may be necessary to determine conformance with and
provide for the enforcement of this chapter. One copy of the plans
must be returned to the applicant by the ZEO after the ZEO has marked
such copy either as approved or disapproved and attested to same by
the ZEO's signature on such copy. The second copy of the plans, similarly
marked, must be retained by the ZEO.
If the work described in any Village zoning
permit, special use permits, or area or use variances has not been
substantially completed within two years of the date of issuance thereof,
said permit will expire. The permit may be renewed for an additional
two years with a new application per the requirements in this chapter.
Village zoning permits issued on the basis of
approved plans and specifications authorize only the use, arrangement,
and construction set forth in such plans and specifications and no
other use, arrangement or construction. Use, arrangement, or construction
not in compliance with that authorized will be considered a violation
of this chapter.
The New York State Building Construction Code
was adopted by the Village Board of Trustees, and its successor, the
New York State Uniform Fire Prevention and Building Code, is hereby
adopted and recognized as the official Building Construction Code
of the Village for the purposes set forth therein and as it may be
amended from time to time.
The ZEO may revoke Village zoning permit, special
use permit, or area or use variance in any one of the following circumstances:
A.
There has been a false statement or misrepresentation
as to a material fact in the applications, plans, specifications or
other accompanying documents upon which the Village zoning permit
was based.
B.
The Village zoning permit was issued in error or should
not have been issued in accordance with the applicable laws.
C.
The holder or the applicant has failed to meet the
requirements of an approved site development plan or subdivision plat
or the requirements of any special use permit.
D.
The work being performed is not in accordance with
the provisions of the application, the Village zoning permit, or the
plans or specifications.
Whenever the ZEO determines that work on any
building or structure is being or has been conducted in violation
of any of the provisions of Village laws, rules or regulations; or
has failed to meet or violates any requirement of an approved site
development plan or subdivision plat, including but not limited to
the required drainage, grade or elevation plans, sewer and septic
plans, approved road profile plans, and such other plans or specifications
upon which a zoning permit was issued; or that any work is being conducted
in a dangerous or unsafe manner, then the ZEO will notify the owner
of the property or the owner's agent or the person performing the
work to suspend and halt work. Such direction by the ZEO (a "stop-work
order") will be in writing and delivered to the owner or the owner's
agent or the person performing the work, or affixed to any part of
said structure. Such stop-work order will state the reasons therefor
and the conditions under which the work may be resumed. Should work
continue in violation of the stop-work order, the ZEO may, without
further notice, revoke the Village zoning permit.
A.
Complaints. Whenever a violation of this chapter occurs,
or is alleged to have occurred, any person may file a signed, written
complaint. Such complaint, stating fully the causes and basis thereof,
will be filed in duplicate with the ZEO, who will deliver one copy
to the Village Board of Trustees. The ZEO will record such complaint,
investigate, and take action thereon, as provided by this chapter.
B.
Penalties.
(1)
Any person who violates any provision of this chapter,
including but not limited to building or altering any structure or
using any land in violation of any statement or plan submitted and
approved thereunder, or knowingly assists therein, will be liable
for the following penalties:
(2)
Each week of continued violation after notice will
constitute a separate additional violation. For the purpose of conferring
jurisdiction upon courts and judicial officers, violations will be
deemed misdemeanors. In addition to the foregoing provisions, the
Village of Cooperstown will have such other remedies for any violation
or threatened violation of this chapter as are now or may hereafter
be provided by law.
Whenever the ZEO approves or disapproves, acts
or fails to act, or otherwise performs any duties, or renders a decision
thereon, such decision will be reviewable by appeal to the Zoning
Board of Appeals. In the case of a violation, such appeal must be
made not more than 30 days after the filing of the decision of the
ZEO in the office of the ZEO.
