No building or land shall be used or occupied and no building
or part thereof shall be erected, moved, or altered except in conformity
with the regulations herein set forth for the district in which it
is located.
The provisions of this chapter shall be administered and enforced
by the Code Enforcement Officer, who shall be appointed by the Board
of Trustees. It shall be the duty of the Code Enforcement Officer
and he shall have the power to:
A.
Receive, review, and approve or disapprove applications for zoning
permits, building permits, certificates of occupancy, certificates
of compliance, temporary certificates of occupancy, and operating
permits, and the plans, specifications, and construction documents
submitted with such applications.
B.
Upon approval of such applications, to issue zoning permits and building
permits, certificates of occupancy, certificates of compliance, temporary
certificates of occupancy, and operating permits only when there is
compliance with the provisions of this chapter and with other local
laws and to include in terms and conditions as the Code Enforcement
Officer may determine to be appropriate.
C.
Conduct construction inspections; inspections to be made prior to
the issuance of certificates of occupancy, certificates of compliance,
temporary certificates of occupancy, and operating permits; fire safety
and property maintenance inspections; inspections incidental to the
investigation of complaints; and all other inspections required or
permitted to determine compliance or noncompliance with the terms
of this chapter.
D.
Issue stop, cease-and-desist orders and order in writing correction
of all conditions found to be in violation of the provisions of this
chapter. Such written orders shall be served personally or by certified
mail upon persons deemed by the Code Enforcement Officer to be violating
the terms of this chapter. It shall be unlawful for any person to
violate any such order lawfully issued by the Code Enforcement Officer,
and any person violating any such order shall be guilty of a violation
of this chapter.
E.
Receive, review, and take action on zoning chapter violation complaints
submitted by residents; business owners or employees; or the Village
Board of Trustees, Planning Board, or Zoning Board of Appeals. All
complaints shall be submitted in writing on the form provided by the
Code Enforcement Officer available at the Village office or on the
Village's website.
F.
With the approval of the Board of Trustees, or when directed by it,
institute in the name of the Village any appropriate action or proceeding
to prevent the unlawful erection, construction, reconstruction, alteration,
conversion, maintenance or use, or to restrain, correct or abate such
violation, so as to prevent any illegal act, conduct, business or
use in or about such premises.
G.
To maintain records.
H.
To collect fees as set by the Village Board of this Village of Weedsport.
I.
To pursue administrative enforcement actions and proceedings.
J.
Revoke by order a zoning permit issued under a mistake of fact or
contrary to the law or the provisions of this chapter.
K.
Maintain a map showing the current zoning classification of all land.
L.
Upon the request of the Board of Trustees, the Planning Board or
the Zoning Board of Appeals, present to such bodies, facts, records
or reports which they may request to assist them in making decisions.
A.
No structure shall be erected, constructed, reconstructed, extended,
or moved and no land or building changed in use, until a zoning permit
has been secured from the Code Enforcement Officer. Upon completion
of changes in use or construction, reconstruction, extension or moving
of structures, the applicant shall notify the Code Enforcement Officer
of such completion.
B.
No permit shall be considered as complete or as permanently effective
until the Code Enforcement Officer has noted on the permit that the
work or occupancy and use have been inspected and approved as being
in conformity with the provisions of this chapter.
C.
Zoning permits shall not be required for general maintenance work,
painting, clearing woodlands, building ponds, tilling the soil, constructing
terraces, steps or other similar features and landscaping. However,
all such activities shall conform to the requirements of this chapter.
D.
Zoning permits shall be issued for a two-year term. The permit shall
automatically expire after two years and a new permit shall be required
before such work or change in use commences.
E.
There are special provisions for issuance of zoning permits in areas designated as flood hazard areas by the Federal Emergency Management Agency. All development in flood hazard areas is subject to the requirements of Chapter 78, Flood Damage Prevention, of the Code of the Village of Weedsport. The Code Enforcement Officer, when reviewing applications for zoning permits in these areas of any district, including plans and specifications for proposed construction, shall review all zoning permit applications to determine if they comply with Chapter 78, Flood Damage Prevention, of the Code of the Village of Weedsport.
No land shall be used or occupied and no building hereafter
erected, altered or extended shall be used or changed in use until
a certificate of compliance shall have been issued by the Code Enforcement
Officer stating that the building or proposed use thereof complies
with the provisions of this chapter and any other pertinent local
laws.
A.
Application requirements for zoning permits. All applications for
zoning permits shall be made in writing by the owner, tenant, vendee
under contract of sale, or authorized agent on a form supplied by
the Village and shall be filed with the Code Enforcement Officer.
The application shall include:
(1)
A statement as to the proposed use of the building or land.
(2)
A site layout drawn to scale showing the location, dimensions,
and height of proposed building, structures, or uses and any existing
buildings in relation to property and street lines, and showing all
utilities located on the site.
(3)
The number, location, and design of parking spaces and loading
spaces, if applicable.
(4)
The size, dimensions, location and methods of illumination for
signs, if applicable.
(5)
Any additional information reasonably necessary for the Code
Enforcement Officer to ascertain whether the proposed use, change
in use, erection, alteration or addition complies with the provisions
of this chapter.
B.
Issuance of zoning permits. Zoning permits shall be granted or refused
within 15 days after the completed written application has been filed
with the Code Enforcement Officer, except as provided elsewhere in
this chapter. Upon completion of the activity authorized by any zoning
permit, the holder of such permit shall notify the Code Enforcement
Officer of such completion.
C.
Fees. The applicant for a zoning permit shall, at the time of making
the application, pay to the Clerk, for the use of the Village, a fee
in accordance with a fee schedule adopted by resolution of the Board
of Trustees.
A.
Enforcement of the provisions of this chapter shall be in accordance
with the Consolidated Laws of New York, Village Law § 7-714
as follows:
(1)
In the case that any building or structure is erected, constructed,
reconstructed, altered, repaired, converted, or maintained; or any
building, structure or land is used or any land is divided into lots,
blocks or sites in violation of this chapter, or of any local law
or other regulation made under authority conferred thereby, the proper
local authorities of the Village, in addition to other agencies, may
institute any appropriate action or proceedings to prevent such unlawful
erection, construction, reconstruction, alteration, repair, conversion,
maintenance or use or division of land, to restrain, correct, or abate
such violation, to prevent the occupancy of said building, structure,
or land or to prevent any illegal act, conduct, business, or use in
or about such premises. All issues in any action or proceeding for
any of the purposes herein stated shall have preference over all other
civil actions and proceedings.
B.
Whenever a violation occurs, any person may file a complaint in regard
thereto. Any such complaint must be in writing and shall be filed
with the Code Enforcement Officer who shall record such complaints
and immediately investigate and report thereon to the Village Board
of Trustees.
