Ithaca City Zoning Code
ARTICLE 32
Administration and Enforcement
§ 32.01 Enforcement.
The provisions of this ordinance shall be administered by the City of Ithaca Zoning Administrator, who shall be appointed by the City Council, subject to conditions and at such rate of compensation as the Council shall determine. The Zoning Administrator may be assisted by any other City employees and officials as the City Manager may delegate to enforce the provisions of this ordinance. The duty of enforcement shall rest with such administrative officials as shall be authorized by law, and such administrative officials shall for the purpose of the ordinance have the power of public officers.
32.01:1.
If the Zoning Administrator shall find that any of the provisions of this ordinance are being violated, the Zoning Administrator shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The Zoning Administrator shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to ensure compliance with, or to prevent violation of, its provisions.
32.01:2.
The notice sent to the owner and operator of the violation will state he has 30 days to diligently correct the violation.
32.01:3.
If the violation continues after 30 days, the Zoning Administrator will send a notice of show-cause hearing to the violator. The show-cause notice advises the person maintaining the violation that he/she will be given an opportunity at a hearing of the Board of Appeals to "show-cause" why the zoning ordinance should not be enforced with respect to the alleged violation. The decision of the Board of Appeals is presumed to be final, except a person having an interest affected by the zoning ordinance may appeal to circuit court.
32.01:4.
If the violation is not corrected, an appearance ticket will be issued to the person maintaining the zoning violation to appear in district court.
§ 32.02 Zoning permits.
No building or other structure shall be erected, moved, added to, or structurally altered without a permit issued by the Zoning Administrator. No permit shall be issued except in strict conformity with the provisions of this ordinance, unless the Zoning Administrator receives a written order from the zoning Board of Appeals (see Article 3 for the procedure for application and approval of a zoning permit).
32.02:1.
The Zoning Administrator shall have the power to issue permits and to make inspections of buildings or premises necessary to carry out the administrator's duties in the enforcement of this ordinance. It shall be unlawful for the Zoning Administrator to approve any plans or any permits for any excavation or construction until such plans have been inspected in detail and found to be in conformity with this ordinance.
32.02:2.
In all cases when the Zoning Administrator shall refuse to issue a permit, he shall state such refusal in writing with the cause and reasons for refusal.
§ 32.03 Expiration of zoning permit.
32.03:1.
If the work described in any permit has not begun within 180 days from the date of issuance of the permit, this permit shall expire; it shall be canceled by the Zoning Administrator and written notice thereof shall be given to the persons affected.
32.03:2.
If the work described in any permit has not been substantially completed within one year of the date of issuance, the permit shall expire and be canceled by the Zoning Administrator, and written notice shall be given to the persons affected, together with notice that future work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained.
§ 32.04 Conformance with approved plans.
Permits issued on the basis of plans and applications approved by the Zoning Administrator authorize only the use, arrangement, and construction set forth in the approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this ordinance, and punishable as provided by § 33.05.
§ 32.05 Certificates of occupancy.
It shall be unlawful to use or permit the use of any land, building, or structure for which a permit is required, and to use or permit to be used any building or structure hereafter altered, extended, erected, repaired, or moved, until a certificate of occupancy signed by the Zoning Administrator and Building Inspector shall have been issued to the applicant for the permit in effect stating that the provisions of this ordinance and of the building requirements of the City have been compiled with.
32.05:1.
Temporary certificates. Certificates of temporary occupancy may be issued for a part of a building or structure prior to the occupancy of the entire building or structure, provided that Such certificate of temporary occupancy shall not remain in force more than 180 days, nor more than 90 days after the building or structure is fully completed and ready for occupancy; and provided further, that such portions of the building or structure are in conformity with the provisions of this ordinance.
32.05:2.
Records of certificates. A record of all certificates of occupancy shall be kept in the office of the Zoning Administrator (or Building Inspector) and copies of such certificates of occupancy shall be furnished upon request to a person or persons having a proprietary or tenancy interest in the property involved.
32.05:3.
Certificates for accessory buildings to dwellings. Accessory buildings or structures to dwellings shall not require a separate certificate of occupancy, but rather, may be included in the certificate of occupancy for the principal dwelling, building or structure on the same lot when such accessory buildings or structures are completed at the same time as the principal use.
32.05:4.
Application for certificates. Certificates of occupancy shall be issued by the Building Inspector and signed by the Zoning Administrator within three days after notification of completion of the building, if it is found that the building or structure, or part thereof, and the use of the land is in accordance with the provisions of this ordinance. If such certificate of occupancy is refused for cause, the applicant shall be notified of the refusal and the cause thereof within the aforementioned three-day period.
§ 32.06 Final inspection.
The recipient of any permit for the erection, construction, alteration, repair or moving of any building, structure, or part thereof, shall notify the Building Inspector immediately upon the completion of the work authorized by the permit, for a final inspection.