Town of Brutus, NY Article X Administration

§ 125-75 Powers and duties of Zoning Officer.

The provisions of this chapter shall be administered and enforced by the Zoning Officer, who shall be appointed by the Town Board. It shall be the duty of the Zoning Officer and he shall have the power to:

A. Receive and examine all applications for zoning permits and to refer applications to the Planning Board for review and recommendation when deemed advisable.

B. Issue zoning permits and certificates of occupancy only when there is compliance with the provisions of this chapter and with other Town local laws; provided, however, that the issuance of a zoning permit shall not be deemed a waiver of the requirements of any Town ordinance or local law.

C. Receive applications for special permits and forward these applications to the Planning Board or the Town Board, where appropriate.

[Amended 5-11-2015 by L.L. No. 1-2015]

D. Following refusal of a permit, to receive applications for appeals from alleged error of the Zoning Officer and variances and forward these applications to the Zoning Board of Appeals for action thereon.

E. Conduct periodic inspections and surveys to determine the compliance or noncompliance with the terms of this chapter.

F. 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 mail upon persons, firms or corporations deemed by the Zoning Officer to be violating the terms of this chapter. It shall be unlawful for any person to violate such order lawfully issued by the Zoning Officer, and any person violating any such order shall be guilty of a violation of this chapter.

G. Investigate all complaints and take immediate action as necessary to enforce the provisions of this chapter.

H. With the approval of the Town Board, or when directed by them, institute in the name of the Town any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use or to restrain, correct or abate such violation so as to prevent the occupancy of or use of any building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.

I. Revoke by order a zoning permit issued under a mistake of fact or contrary to the law or the provisions of this chapter.

J. Maintain a map showing the current zoning classification of all land.

K. Upon request of the Town Board, 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 of decisions.

§ 125-76 Zoning permits.

A. No person, firm or corporation shall commence any excavation, grading, earth filling or earth removal or commence any erection, construction, enlargement, alteration, removal, improvement, demolition, conversion or change in the nature of the use or occupancy of any building or structure or cause the same to be done without first obtaining a separate zoning permit from the Zoning Officer of the Town of Brutus for each such lot, such building or structure, except that no zoning permit shall be required for the performance of ordinary repairs which are not structural in nature.

B. No permit shall be considered as complete or as permanently effective until the Zoning Officer has noted on the permit that the work or occupancy and use has been inspected and approved as being in conformity with the provisions of this chapter.

C. Zoning permits shall not be required for the following; however, all such activities shall conform to the requirements of this chapter.

(1) Constructing completely detached accessory buildings more than 40 feet from a lot line.

(2) General maintenance work.

(3) Painting.

(4) Clearing woodlands.

(5) Building ponds.

(6) Tilling the soil.

(7) Raising animals in the A-R District.

(8) Constructing terraces, steps or other similar features.

(9) Landscaping.

D. Zoning permits shall be issued with a two-year life; provided, however, that if work is not commenced within 90 days after issuance of the zoning permit, the permit shall automatically expire, and a new permit shall be required before such work or change in use commences.

§ 125-77 Certificates of occupancy.

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 occupancy shall have been issued by the Zoning Officer stating that the buildings or proposed use thereof complies with the provisions of this chapter or ordinance of the Town of Brutus.

§ 125-78 Zoning permit applications.

A. 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 Town and shall be filed with the Town Clerk. The application shall:

(1) Include a statement as to the proposed use of the building or land.

(2) Include a site layout drawn to scale showing the location, dimensions and height of proposed buildings, structures or uses and any existing buildings in relation to the property and street lines.

(3) If said building or alteration exceeds 1,500 square feet or if the cost of the construction will exceed $10,000, the plans for such construction or alteration shall contain an architect's stamp.

(4) Include the number, location and design of parking spaces and loading spaces, if applicable.

(5) Include the size, dimensions, location and methods of illumination for signs, if applicable.

(6) Include any additional plans and information reasonably necessary for the Zoning Officer to ascertain whether the proposed use, change in use, erection, alteration or addition complies with the provisions of this chapter.

B. No permit for any new use or construction which will involve the on-site disposal of sewage or waste and no permit for a change in use or an alteration which will result in an increased volume of sewage or waste to be disposed of on-site shall be issued until a certificate of approval has been issued by the Cayuga County Department of Health.

§ 125-79 Issuance of zoning permits.

A. Zoning permits shall be granted or refused within 15 days after the written application has been filed with the Zoning Officer, except as provided for special permit applications. Upon completion of the activity authorized by any zoning permit, the holder of such permit shall notify the Zoning Officer of such completion.

B. All applications with accompanying plans and documents shall become and be preserved as a public record, subject to the disposition of the Town Board.

§ 125-80 Fees.

The applicant for a zoning permit shall at the time of making application pay to the Town Clerk for the use of the Town a fee in accordance with a fee schedule adopted by resolution of the Town Board upon the enactment of this chapter or as such schedule may be amended by resolution of the Town Board.

§ 125-81 Flood control review procedures.

[Amended 5-11-1992 by L.L. No. 2-1992]

Flood control review procedures shall be as set forth in Chapter 69, Flood Damage Prevention.