Cicero Town City Zoning Code
ARTICLE IX
Administration and Enforcement
§ 210-32 Enforcement.
This chapter shall be enforced by the Code Enforcement Officer or other designated official who shall be appointed by the Town Board. No zoning permit or certificate of occupancy shall be issued by him except in compliance with the provisions of this chapter.
§ 210-33 Zoning permits.
A.
No building or structure in any district shall be erected, added to, structurally altered or demolished until a permit has been issued by the Code Enforcement Officer. No such zoning permit or certificate of occupancy 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.
B.
All applicants for zoning permits shall submit two copies of a layout or plot plan drawn to scale and with all dimensions shown, showing the exact size and location on the lot of the building and accessory buildings and the intended use of the building. Zoning permits shall expire one year from date of issuance.
§ 210-34 Certificate of zoning compliance.
A.
A certificate of zoning compliance shall be applied for coincidental with the application for a zoning permit. A certificate of zoning compliance shall be issued by the Code Enforcement Officer upon completion of a structure erected or altered for the occupancy of the structure and the use designated in the permit for building, provided that the structure and the premises actually comply with the provisions of this chapter. Said certificate shall be issued within 10 days after the erection or alteration shall have been approved as complying with the provisions of this chapter.
B.
No nonconforming use shall be renewed or changed or extended until a zoning permit has been issued by the Enforcement Officer.
C.
The Code Enforcement Officer shall maintain a record of all certificates, and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building affected.
D.
The applicant shall provide the Code Enforcement Officer with an as-built survey of the foundation and/or basement wall prior to construction beyond the foundation.
E.
A fee may be charged for every request to the Code Enforcement Officer for a certificate of zoning compliance; and an additional fee may be charged for each return inspection required at the final inspection stage only.
§ 210-34.1 Compliance with zoning provisions.
[Added 7-24-2013 by L.L. No. 7-2013]
It shall be unlawful for any person, firm or corporation to:
A.
Allow any building or land to be used or occupied or any building or part thereof to be erected, moved, extended or altered except in conformity with the regulations herein set forth for the district in which it is located.
B.
Fail to make a good-faith effort to comply with a lawful written notice, directive, or order of a Code Enforcement Officer, provided that such notice, directive, or order is substantially related to compliance with and/or enforcement of the provisions of this chapter.
[Amended 8-23-2017 by L.L. No. 7-2017]
C.
Construct, alter or use and occupy any building or structure or portion thereof or use any land in a manner not permitted by an approved plan or resolution of the Planning Board or the Zoning Board of Appeals, where such approval is required.
§ 210-35 Penalties for offenses.
[Amended 5-8-2006 by L.L. No. 9-2006; 6-24-2024 by L.L. No. 5-2024]
A.
Reporting. Any resident of the Town may file a written complaint with the Code Enforcement Officer alleging a violation of this Zoning Law. The Code Enforcement Officer shall file said complaint and investigate the same.
B.
Punishment.
(1)
A violation of any of the provisions of this chapter by an owner or lessee of land, and/or by a builder or contractor, shall constitute an offense punishable as set forth in said provision, or if no punishment is set forth therein, shall be punishable as follows:
(a)
For conviction of a first offense, by a fine not exceeding $350;
(b)
For conviction of a second offense within a five-year period, by a fine of no less than $600 and no more than $900, or imprisonment for a period not exceeding 10 days, or both; or
(c)
For conviction of a third or subsequent offense within a five-year period, by a fine of $1,000 or imprisonment for a period not exceeding 15 days, or both.
(2)
Upon conviction of a second or subsequent offense within a five-year period, a civil penalty equal to the fine imposed by the court shall be imposed, which penalty may be assessed and recoverable against the violator in a small claims proceeding instituted by the Town in the Town Justice Court, pursuant to the provisions of Article 18 of the Uniform Justice Court Act.
(3)
Each week that a violation continues shall constitute a separate additional violation for which separate and additional fines and penalties as set forth above shall be imposed.
§ 210-36 Amendment and supersession of provisions.
Section 210-35 above expressly amends and supersedes any inconsistent provision of any other Zoning Law, rule or regulation heretofore adopted by the Town of Cicero, Onondaga County, New York, and also any inconsistent provision of Article 16 of the Town Law of the State of New York.