Cooperstown Village
City Zoning Code
City Zoning Code
ARTICLE X
Administration and Enforcement
[Amended 4-21-2003 by L.L. No. 4-2003; 11-25-2019 by L.L. No. 11-2019]
§ 300-54 Village Zoning Enforcement Officer (ZEO).
A Village Zoning Enforcement Officer (ZEO), with the assistance of such other persons as the Village Board of Trustees may direct, will administer and enforce this chapter. If the ZEO finds that any of the provisions of this chapter are being violated, the ZEO must notify in writing the person responsible for such violations and the Village Board of Trustees, indicating the nature of the violation and ordering the action necessary to correct it. The ZEO is hereby empowered to inspect properties; order discontinuance of illegal use of land, buildings or structures; remove illegal buildings or structures or of additions. Alterations or structural changes thereto; discontinue any illegal work being done; or to take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.
§ 300-55 Village zoning permit.
A.
A Village zoning permit is required for all new structures and for any exterior changes to an existing structure.
(1)
No building or other structure may be erected, moved, added to, demolished, or subject to an exterior change without a Village zoning permit therefor issued by the ZEO. No permit may be issued except in conformity with the provisions of this chapter, except after written order from the Zoning Board of Appeals.
(2)
No Village zoning permit may be issued where the proposed structure is located in a flood hazard location except in conformity with § 300-31B of this chapter.
(3)
Where a site development plan is required by this chapter, no Village zoning permit may be issued for any buildings or structures on the site until the site development plan has been approved by the Planning Board.
B.
A Village zoning permit is required for any new or altered use.
(1)
It is unlawful to use or occupy or permit the use or occupancy of any building or premises, or both or part thereof, hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a Village zoning permit has been issued therefor by the ZEO, stating that the proposed use of the building or land conforms to the requirements of this chapter.
§ 300-56 Application for Village building permit.
A.
All applications for Village zoning permit must be accompanied by plans in duplicate, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations of the buildings already existing, if any; and the location and dimensions of the proposed building or alteration. The application must include such other information as lawfully may be required by the ZEO, including but not limited to existing or proposed buildings or alterations; existing or proposed uses of the buildings and land; the number of families, housekeeping units or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with and provide for the enforcement of this chapter. One copy of the plans must be returned to the applicant by the ZEO after the ZEO has marked such copy either as approved or disapproved and attested to same by the ZEO's signature on such copy. The second copy of the plans, similarly marked, must be retained by the ZEO.
B.
An application for a Village zoning permit must be accompanied by a fee in accordance with the Standard Schedule of Fees of the Village of Cooperstown.[1]
[1]
Editor's Note: Current fees are on file in the office of the Village Clerk.
§ 300-58 Expiration of Village building permit.
If the work described in any Village zoning permit, special use permits, or area or use variances has not been substantially completed within two years of the date of issuance thereof, said permit will expire. The permit may be renewed for an additional two years with a new application per the requirements in this chapter.
§ 300-59 Conformance with plans and specifications required.
Village zoning permits issued on the basis of approved plans and specifications authorize only the use, arrangement, and construction set forth in such plans and specifications and no other use, arrangement or construction. Use, arrangement, or construction not in compliance with that authorized will be considered a violation of this chapter.
§ 300-60 New York building construction standards adopted by reference.
The New York State Building Construction Code was adopted by the Village Board of Trustees, and its successor, the New York State Uniform Fire Prevention and Building Code, is hereby adopted and recognized as the official Building Construction Code of the Village for the purposes set forth therein and as it may be amended from time to time.
§ 300-61 Revocation of Village zoning permits.
The ZEO may revoke Village zoning permit, special use permit, or area or use variance in any one of the following circumstances:
A.
There has been a false statement or misrepresentation as to a material fact in the applications, plans, specifications or other accompanying documents upon which the Village zoning permit was based.
B.
The Village zoning permit was issued in error or should not have been issued in accordance with the applicable laws.
C.
The holder or the applicant has failed to meet the requirements of an approved site development plan or subdivision plat or the requirements of any special use permit.
D.
The work being performed is not in accordance with the provisions of the application, the Village zoning permit, or the plans or specifications.
E.
The holder of the Village zoning permit has failed or refused to comply with a stop-work order issued by the ZEO under § 300-62 herein.
§ 300-62 Stop-work orders.
Whenever the ZEO determines that work on any building or structure is being or has been conducted in violation of any of the provisions of Village laws, rules or regulations; or has failed to meet or violates any requirement of an approved site development plan or subdivision plat, including but not limited to the required drainage, grade or elevation plans, sewer and septic plans, approved road profile plans, and such other plans or specifications upon which a zoning permit was issued; or that any work is being conducted in a dangerous or unsafe manner, then the ZEO will notify the owner of the property or the owner's agent or the person performing the work to suspend and halt work. Such direction by the ZEO (a "stop-work order") will be in writing and delivered to the owner or the owner's agent or the person performing the work, or affixed to any part of said structure. Such stop-work order will state the reasons therefor and the conditions under which the work may be resumed. Should work continue in violation of the stop-work order, the ZEO may, without further notice, revoke the Village zoning permit.
§ 300-63 Complaints; penalties for offenses.
A.
Complaints. Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a signed, written complaint. Such complaint, stating fully the causes and basis thereof, will be filed in duplicate with the ZEO, who will deliver one copy to the Village Board of Trustees. The ZEO will record such complaint, investigate, and take action thereon, as provided by this chapter.
B.
Penalties.
(1)
Any person who violates any provision of this chapter, including but not limited to building or altering any structure or using any land in violation of any statement or plan submitted and approved thereunder, or knowingly assists therein, will be liable for the following penalties:
(a)
First violation: Up to $350 and/or six months' imprisonment.
(b)
Second violation: Up to $700 and/or six months' imprisonment.
(c)
Third (and subsequent) violation(s): Up to $1,000 and/or six months' imprisonment.
(2)
Each week of continued violation after notice will constitute a separate additional violation. For the purpose of conferring jurisdiction upon courts and judicial officers, violations will be deemed misdemeanors. In addition to the foregoing provisions, the Village of Cooperstown will have such other remedies for any violation or threatened violation of this chapter as are now or may hereafter be provided by law.
§ 300-64 Appeals from actions of Village Zoning Enforcement Officer.
Whenever the ZEO approves or disapproves, acts or fails to act, or otherwise performs any duties, or renders a decision thereon, such decision will be reviewable by appeal to the Zoning Board of Appeals. In the case of a violation, such appeal must be made not more than 30 days after the filing of the decision of the ZEO in the office of the ZEO.