Cato Town City Zoning Code
ARTICLE XIV
Administration
§ 114-80 Conformance required.
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 zoning district in which it is located.
§ 114-81 Designation of Code Enforcement Officer.
The Town Board of Cato shall designate, appoint and pay compensation to a Code Enforcement Officer to administer, supervise and enforce the rules and regulations of this chapter.
In order to hold the office of Code Enforcement Officer for the Town of Cato, a person need not be a resident of the Town of Cato, but must be a resident of the County of Cayuga or any county adjoining the County of Cayuga.
This section is intended to and shall supersede the residency requirements of § 3(1) of the Public Officers Law of the State of New York.
§ 114-82 Code Enforcement Officer powers and duties.
The Code Enforcement Officer shall have the duty and power to:
Receive and examine all applications for zoning and building permits.
Receive and refer applications for special use permits, site plans, and subdivisions to the Planning Board for their review and approval.
Issue zoning permits, building permits, certificates of compliance, and certification of occupancy only when there is compliance with the provisions of this chapter and with other Town ordinances; provided, however, the issuance of a zoning permit shall not be deemed a waiver of the requirements of any regulation or law.
Following refusal of a permit, to receive applications for appeals from alleged error of the Code Enforcement Officer and variances and forward these applications to the Board of Appeals for action thereon.
Conduct inspections and surveys to determine compliance or noncompliance with the terms of this chapter.
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, firms, or corporations 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.
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; 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.
Receive, review, and take action on zoning violation complaints submitted by residents; business owners or employees; or the Town Board, 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 Town Hall or on the Town's website.
Revoke by order, a zoning or building permit issued under a mistake of fact or contrary to the law or provisions of this chapter.
Maintain a map showing the current zoning classification of all lands within the Town.
Conduct inspections in response to bona fide complaints regarding conditions or activities allegedly failing to comply with this chapter, the Town of Cato flood hazard regulations, or the New York State Uniform Fire Prevention and Building Code.
Upon the request of the Town Board, the Planning Board or the Zoning Board of Appeals, shall present to such bodies facts, records, or reports which they may request to assist them in making decisions.
§ 114-83 Zoning permits and building permits.
No structure shall be erected, constructed, extended, or moved and no land use or building occupancy change shall occur until a zoning permit and a building permit have been secured from the Code Enforcement Officer. Upon completion or changes in use or construction, reconstruction, extension, or moving of structures, the applicant shall notify the Code Enforcement Officer of such completion. Applications for this purpose may be obtained from the Code Enforcement Officer or the Town Clerk.
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 has been inspected and approved as being in conformity with the provisions of this chapter, the Town of Cato flood hazard regulations, or the New York State Uniform Fire Prevention and Building Code.
Building permits shall be required for any work which must conform to the New York State Uniform Fire Prevention and Building Code. The application for a building permit shall provide sufficient information that the intended work meets the requirements of the New York State Uniform Fire Prevention and Building Code.
Exemptions. For activities that are exempted from zoning permits and building permits by the New York State Uniform Fire Prevention and Building Code, all such activities shall conform to the requirements of this chapter, the Town of Cato flood hazard regulations, and the New York State Uniform Fire Prevention and Building Code.
Building permits shall be issued with a one year life, and are not transferable. If necessary, a permit may be renewed for a fee as provided in the current fee schedule of the Town.
Application requirements.
All applications for zoning permits and building permits shall be made in writing by the owner, tenant, vendee under contract for sale, or authorized agent on a form supplied by the Town, and shall be filed with the Code Enforcement Officer. The applicant shall include:
A statement as to the proposed use of the building or land.
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 property and street lines.
The number, location, and design of parking spaces and loading spaces if applicable.
The size, dimensions, location, and methods of illumination for signs, if applicable.
Any additional plans and 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.
A permit for any new use or construction which will involve the on-site disposal of sewage or waste, or a change in use or an alteration which will result in an increase in the number of bedrooms in a dwelling unit or an increased volume of sewage or waste to be disposed of on the site, or which will require a new or modified water supply, shall not be issued until a certificate of approval has been issued by the Cayuga County Health Department.
Issuance of permits.
Zoning permits and building permits shall be granted or refused within 10 business days after the completed written application has been filed with the Code Enforcement Officer except as provided elsewhere in this chapter. The completeness of the application shall be determined by the Code Enforcement Officer. The reasons for the rejection shall be noted on the copy returned to the applicant.
It shall be the responsibility of the applicant to notify the Code Enforcement Officer when it is time to make inspections or when a project is complete.
All applications with accompanying plans and documents shall become, and be preserved as, a public record, subject to disposition of the Town Board.
Inspections shall be required on all construction that requires a certificate of occupancy or certificate of compliance. These inspections will be done at such times during the course of construction to permit the observation of the foundation, structural elements, electrical systems, plumbing systems, heating, ventilation and air-conditioning systems, fire protection and detection systems, and exit features.
§ 114-84 Special provisions for issuance of permits in flood hazard areas.
When reviewing applications for zoning permits in areas of any district designated as flood hazard areas by the National Flood Insurance Program, the Code Enforcement Officer shall, in addition to the regular duties, act as the Floodplain Administer, and determine if the proposed development is consistent with the need to minimize flood damage.
The Code Enforcement Officer, in reviewing all applications for construction in flood hazard locations within the Town, shall require that any such proposed construction shall:
Be designed and anchored to prevent the flotation, collapse, or lateral movement of the structure or portions of the structure due to flooding.
Use construction materials and utility equipment that are resistant to flood damage.
Use construction methods and practices that will minimize flood damage.
Provide adequate drainage in order to reduce exposure to flood hazard.
Locate public utilities and facilities, including sewer, gas, electrical, and water systems, on the site in such a manner as to be elevated and constructed to minimize or eliminate flood damage.
Provide a topographic survey showing the proposed structures and their elevations.
§ 114-85 Certification of occupancy.
Upon completion of the construction or of a change in use, the applicant shall notify the Code Enforcement Officer. The Code Enforcement Officer will then inspect the property. If such inspection reveals that the requirements of the ordinance have been met, the Code Enforcement Officer shall issue a certificate of occupancy within the next 10 business days.
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 or certificate of completion has been issued by the Code Enforcement Officer stating that the building(s) or proposed use thereof complies with the provisions of this chapter and the New York State Uniform Fire Prevention and Building Code.
Certificate of occupancy or certificate of compliance shall be required for all work which a building permit is required to be issued and for all buildings which are converted from one general occupancy classification to another as defined in the New York State Uniform Fire Prevention and Building Code.
Certificate of occupancy or compliance shall not be issued until all inspections have been made and the construction or change of use meets this chapter, the New York State Uniform Fire Prevention and Building Code and all county, state, and federal regulations.
§ 114-86 Fees.
The applicant, within 30 calendar days of submitting a zoning permit application, shall pay to the appropriate Town Official the fee for said permit as determined by the official fee schedule for the Town of Cato as established by the Town Board by resolution. The Town Board may, from time to time, amend the fee schedule, by a resolution of such Board. All fees are nonrefundable.
§ 114-87 Violations.
In the case that any building or structure is erected, constructed, reconstructed, altered, or converted, or any building, structure; or land is used in violation of this chapter, or of any other local law, ordinance or other regulation made under authority conferred thereby, the proper local authorities of this Town, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, 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; and upon the failure or refusal of the proper local officer, board, or body of the Town to institute any appropriate action or proceeding for a period of 10 business days after written request by a resident taxpayer of the Town so to proceed, any three taxpayers of the Town residing in the district wherein such violation exists, who are jointly or severally aggrieved by such violation, may institute such appropriate action or proceeding in a like manner as such local officer, board or body of the Town is authorized to do.
Whenever a violation of this chapter occurs, any tax paying citizen may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Town Clerk, who shall properly record such complaint and immediately refer it to the Code Enforcement Officer, who shall investigate and submit a written report to the Town Clerk within 10 business days of the complaint being filed with the Town Clerk. The Town Clerk shall thereafter submit the written report to the Town Board at its next regular meeting.
§ 114-88 Fines and penalties.
Any person violating any of the provisions of this chapter shall be punishable as provided in § 268 of the Town Law.
For any and every violation of the provisions of this chapter, the following shall be liable, upon conviction thereof, to a fine or penalty not to exceed $250 or imprisonment for a period not exceeding six months or by both such fine and imprisonment. Each week continued violation shall constitute a separate additional violation.
The owner, general agent, or contractor of a building or premises where such violation has been committed or shall exist;
The owner, general agent, contractor, lessee, or tenant of any part of a building or premises in which part such violations have been committed or shall exist;
The general agent, architect, building contractor, or any other person who knowingly commits, takes part, or assists in any such violation, or who maintains any building or premises in which any such violation shall exist.