Chenango Town City Zoning Code
ARTICLE IX
Administration
§ 73-31 Enforcing official.
[Amended 6-5-1978]
This chapter shall be enforced by the Code Enforcement Officer or other designated official who shall be appointed by the Town Board. No building permit or certificate of occupancy shall be issued by him except in accordance with the provisions of this chapter and the New York State Uniform Fire Prevention and Building Code.
§ 73-32 Building permits.
Permit required; exceptions; review.
[Amended 6-5-1978; 3-12-1997]
No persons, firm or corporation shall erect or construct or commence construction or erection, alter, add to, outward or upward, move or remove, demolish or convert any dwelling, swimming pool, living accommodations or building, except accessory farm buildings, unless a building permit shall have been issued by the Code Enforcement Officer. The above shall include tents, pavilions, stretched tarps, screen or lath houses, canopies, light metal, reeds, plastic or pressed paper structures. (It is not intended that structures used one week or less in family household events or social activities in residential districts be subject to these requirements.)
Upon receipt of a permit, these structures will be subject of review by the Code Enforcement Officer after two years to determine if repair or removal will be required.
[Amended 9-18-2006 by L.L. No. 4-2006; 7-7-2008 by L.L. No. 3-2008]
All applicants for building permits shall submit four copies of a layout or plot plan drawn to scale with all dimensions shown on forms provided by the Town. Said application shall show the exact size and location of the lot, building and accessory buildings and the intended use of such buildings. All plot plans must also show spot elevations and contour lines at one-foot intervals to allow the permitting officer to establish final, finished grades for the lot specific to the type of structure being built.
[Amended 9-18-2006 by L.L. No. 4-2006]
Except upon a written order of the Board of Appeals, no such building permit shall be issued for any building where said construction, addition or alteration or use thereof would be in violation of any of the provisions of this chapter.
No building permit shall be issued for any building contrary to the provisions of § 280-a of the Town Law of the State of New York.
Building permits shall expire one year from the date of issuance.
§ 73-33 Fees.
[Amended 2-2-1987; 4-15-1996 by L.L. No. 2-1996; 4-7-2014 by L.L. No. 1-2014]
Permit fees shall be in accordance with Chapter 19 of this Code.
§ 73-34 Certificates of occupancy.
Certificate of occupancy required.
[Amended 6-5-1978]
No vacant land shall be occupied or used and no building hereinafter erected, altered or extended shall be used or changed in use until a certificate of occupancy shall be issued by the Code Enforcement Officer.
No change shall be made in the use or type of occupancy of an existing building unless a certificate of occupancy authorizing such change shall have been issued by the Code Enforcement Officer.
A certificate of occupancy shall be applied for coincident with the application for a building permit. Said certificate shall be issued within 10 days after erection or alteration shall have been approved by the Code Enforcement Officer as complying with this chapter.
[Amended 6-5-1978]
A certificate of occupancy shall be deemed to authorize and is required for initial or changed type or use and/or alteration of the structure or land to which it applies, in accordance with the provisions of this chapter. It shall continue in effect as long as such structure and the use thereof, and the use of such land, is in full compliance with the provisions of this chapter and any requirements made in connection therewith at the time of the issuance thereof. The details of any plan or other approval made by the Planning Board or the Zoning Board of Appeals acting under the provisions of this chapter shall be deemed to be such requirements as, for example, § 73-28.
Pending the issuance of a certificate of occupancy, a temporary certificate may be issued by the Code Enforcement Officer for a period not exceeding six months during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificate shall be issued only under such conditions and restrictions as will adequately assure safety of the occupants and substantial compliance with the provisions of this chapter.
[Amended 6-5-1978]
Upon a determination by the Code Enforcement Officer that a violation of any of the provisions or requirements of this Zoning Ordinance exists with respect to any structure or use, and upon service of notice in writing to the owner of record of such structure or land, the Town Board may determine the certificate of occupancy to be null and void.
[Amended 6-5-1978]
§ 73-35 Remedies.
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this chapter or any regulations made pursuant thereto, in addition to other remedies provided by law, any appropriate action or proceeding, by legal process, may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, 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 legal act, conduct, business or use in or about such premises.
§ 73-36 Amendment procedures.
The Town Board may, from time to time on its own motion or on petition or on recommendation of the Planning Board, amend, supplement or repeal the regulations and provisions of this chapter.
Every such proposed amendment or change, whether initiated by the Town Board or by petition, shall be referred to the Planning Board for report thereon before the public hearing hereinafter provided for.
The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed amendment and cause notice to be given as follows: The Town Board shall cause notice of a public hearing on any proposed amendments to said Zoning Ordinance to be given pursuant to §§ 264 and 265 of the Town Law of the State of New York and pursuant to any other applicable state laws in effect at the time said notice of public hearing is to be given.
Whenever the owners of 50% or more of the street frontage in any district or any specified part thereof shall present to the Town Board a petition, duly signed and acknowledged, requesting an amendment, supplement, change, modification or repeal of the regulations prescribed for the Zoning Map including said district or specified part thereof, it shall be the duty of the Town Board to hold a public hearing thereon and cause notice thereof to be given in the manner prescribed above.
Any proposed amendment shall be submitted to the Planning Board for report and recommendation prior to any action thereon by the Town Board. If the Planning Board recommends against the enactment of any proposed amendment, it shall become effective only by a favorable vote of four members of the Town Board.
§ 73-37 Notice of hearing.
Notice of hearing shall be given as required by the Town Law of the State of New York and any other pertinent statutes.
§ 73-38 Penalties for offenses.
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
§ 73-39 Complaints.
[Amended 6-5-1978]
All complaints in regard to violations of this chapter must be in writing and shall be filed with the Code Enforcement Officer or other enforcing official. However, the Code Enforcement Officer, or other enforcing official, shall have the right and power to investigate an alleged violation which may come to his attention and may institute and carry on the proper prosecution, action or proceeding for the prosecution of such violation and the enforcement of this chapter regardless of whether or not he has received a written complaint as herein provided.
§ 73-39.1 Nonprofit fundraising events.
[Added 6-23-2010 by L.L. No. 2-2010]
Required documentation. For all zoning districts, the applicant shall submit to the Ordinance Office the following:
A site plan showing the location and dimensions of buildings, signs, trailers, rest room facilities, open spaces and other land use areas.
The location and dimensions of driveways and their intersections with streets and highways, traffic circulation, parking and loading areas, pedestrian walks and lighting.
A description of the proposed use, including hours of operation, number of volunteers, expected volume of business, and type and amount of traffic to be generated.
A letter from the site owner that the event is allowed on his or her property.
A letter from the nonprofit organization stating the dates and hours of operation for the event. This can be submitted for multiple events in one calendar year.
A letter stating the name of the company or agency catering the function.
Further requirements.
One sign shall be allowed on premises, not to exceed 32 square feet.
One additional sign shall be allowed at the sponsor's location, not to exceed 32 square feet.
No off-site advertising signs shall be permitted.
Signs are permitted to be in place one week prior to the event and shall be removed within two days after the event.
The site shall be cleaned up, and all debris and garbage are to be removed from the site each day and disposed of legally.
The Ordinance Office shall be notified of each subsequent event 30 days prior to that event.
Application fee (if any).
§ 73-40 Severability.
[Amended 4-3-2017 by L.L. No. 1-2017; 4-3-2017 by L.L. No. 3-2017]
The provisions of this chapter are separable, and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words, or parts of this chapter or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this chapter would have been adopted if such illegal, invalid, or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and as if such person or circumstance, to which this chapter or part thereof is held inapplicable, had been specifically exempt therefrom.
§ 73-41 Repealer.
[Amended 4-3-2017 by L.L. No. 1-2017; 4-3-2017 by L.L. No. 3-2017]
All ordinances, local laws, and parts thereof inconsistent with this chapter are hereby repealed.
§ 73-42 Construal of provisions.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity and general welfare. It is not intended, by this chapter, to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises, or upon heights of buildings, or requires larger open spaces than are required by other ordinances, rules, regulations or permits, or by easements, covenants or agreements, the provisions of this chapter shall govern.
§ 73-43 When effective.
[Amended 4-3-2017 by L.L. No. 1-2017; 4-3-2017 by L.L. No. 3-2017]
This chapter shall take effect immediately upon filing with the New York State Secretary of State in accordance with § 27 of the Municipal Home Rule Law.