Tusten Town City Zoning Code
ARTICLE X
Administration And Enforcement
§ 300-10.0 Code Enforcement Officer (CEO).
It shall be the duty of the Code Enforcement Officer (CEO), to be appointed by the Town Board, to enforce the provisions of this chapter. The Code Enforcement Officer (CEO) shall examine all applications for permits, issue permits for construction and uses which are in accordance with the requirements of this chapter, record and file all applications for permits with accompanying plans and documents and make such reports as the Town Board may require. Permits for construction and uses which are special uses shall be issued only upon written order of the Planning Board. Permits for construction and uses which require a variance to requirements of this chapter shall be issued only upon written order of the Zoning Board of Appeals.
§ 300-10.1 Permit procedures.
A.
General procedures. All persons desiring to undertake any new construction, structural alteration (including demolition) or changes in the use of a building or lot shall apply to the Code Enforcement Officer (CEO) for a building permit and/or certificate of use by filling out the appropriate application form and by submitting the required fee. (In the case of special uses, the application shall be forwarded to the Planning Board in accordance with § 300-8.3 of this chapter.) The Code Enforcement Officer (CEO) shall either issue or deny the permit. If the permit is denied, the Code Enforcement Officer (CEO) shall specify those sections of this chapter to which the permit application does not comply. After a permit has been approved by the Code Enforcement Officer (CEO), the applicant may proceed to undertake the action permitted in the permit and, upon completion of such action, shall apply to the Code Enforcement Officer (CEO) for issuance of a certificate of use. If the Code Enforcement Officer (CEO) finds that the action of the applicant has been taken in accordance with the permit, he shall issue a certificate of use allowing the premises to be occupied for the permitted use.
B.
Required permits. A zoning permit and/or certificate of use shall be required prior to the erection, addition, demolition, replacement or alteration of any building or portion thereof; prior to the use or change of use of a building or land; and prior to the change or extension of a nonconforming use. It shall be unlawful for any person to commence work for the erection or alteration of any building or for a change in land use until a permit has been duly issued thereof. The following classes of permits may be issued:
(1)
Principal permitted and accessory uses. A zoning permit or a certificate of use for a principal permitted use or an accessory use may be issued by the Code Enforcement Officer (CEO) on his own authority.
(2)
Special use/site plan approval. A zoning permit or a certificate of use for a special use/site plan may be issued by the Code Enforcement Officer (CEO) after review and approval by the Planning Board.
(3)
Variances. A zoning permit or a certificate of use for a use or structure which requires a variance may be issued by the Code Enforcement Officer (CEO) only upon order of the Zoning Board of Appeals.
(4)
Temporary permits. A temporary permit may be authorized by the Town Board and issued by the Code Enforcement Officer (CEO) for a nonconforming structure or use which the Town Board deems necessary to promote the proper development of the community, provided that such a nonconforming structure or use shall be completely removed upon expiration of the permit for a specified period of time not to exceed one year and may be renewed annually for an aggregate period not exceeding three years from the date the temporary permit is first issued. Temporary permits for purposes of demolishing a structure may be issued by the Code Enforcement Officer (CEO) and shall be for a period not to exceed 60 days.
C.
Activities not requiring permits. Certain uses or activities shall not require permits although such uses or activities shall meet any applicable standards of this chapter, provided however, that this article shall under no circumstances supersede the requirements of the NYS Uniform Fire Prevention and Building Code. These uses and activities include the following:
(1)
Unenclosed patios, painting, accessory structures of 144 square feet or less.
(2)
Fences and walls (see § 300-5.3 requirements).
(3)
All nonstructural accessory uses, including landscaping improvements, gardens, small animal projects, etc.
(4)
Aboveground swimming pools less than 24 inches in depth.
D.
Application for permits. All applications for permits shall be accompanied by the information required in this section. All applications with accompanying plans and documents shall become a public record after a permit is issued or denied.
(1)
Plot plan. A plot plan in duplicate, drawn to show:
(a)
The actual shape and dimensions of the lot to be built upon.
(b)
The exact size and location of any buildings existing on the lot.
(c)
The lines within which the proposed building or structure is proposed for erection or alteration.
(d)
The existing and intended use of each building or part of a building.
(e)
The number of families or dwelling units the building is designed to accommodate.
(f)
Such other information deemed necessary by the Town to determine compliance with this chapter.
(2)
SEQRA and other information. Documentation necessary to determine compliance with the New York State Environmental Quality Review Act (SEQRA),[1] and all other information deemed necessary by the Town to determine compliance with this chapter.
[1]
Editor's Note: See Environmental Conservation Law Art. 8, § 8-0101 et seq.
(3)
Subdivision regulations. Applications for uses which also necessitate approvals under the Town of Tusten Subdivision Regulations[2] shall be processed in the manner provided therein for plan approval and shall contain all information or data normally required for a submission under those regulations.
[2]
Editor's Note: See Ch. 241, Subdivision of Land.
E.
Fees.
(1)
The Town Board shall by resolution establish and periodically update a uniform schedule of fees, charges and expenses, as well as a collection procedure for zoning permits, special use/site plan permits, variances and other matters pertaining to this chapter. Such fees may include the assessment to the applicant of all professional costs incurred by the Town in regard to any application.
(2)
Said schedule of fees shall be posted in the office of the Code Enforcement Officer (CEO) and/or the Town Clerk. Permits, special uses/site plans and variances shall be issued only after fees have been paid in full, and the Zoning Board of Appeals shall take no action on appeals until all charges have been paid in full.
F.
Action on permit applications.
(1)
It shall be the duty of the Code Enforcement Officer (CEO) to issue a zoning permit, provided that he is satisfied that the structure, building, any signs, parking area of the premises and the proposed use thereof conform with all the requirements of this chapter and that all other reviews and actions, if any are called for in this chapter, have been complied with and all necessary approvals secured thereof. The following procedures shall be observed:
(a)
Issuance of permit. All zoning permits shall be issued in duplicate and one copy shall be kept conspicuously on the premises affected and protected from the weather whenever construction work is being performed thereon. No owner, contractor, workman or other person shall perform any building operations of any kind unless a zoning permit covering such operation is displayed as required by this chapter, nor shall be perform building operations of any kind after notification of the revocation of said zoning permit.
(b)
Denial of permit. When the Code Enforcement Officer (CEO) is not satisfied that the applicant's proposed development will meet the requirements of this chapter, he shall deny the zoning permit application.
(c)
Inspection by the Code Enforcement Officer (CEO). It shall be the duty of the Code Enforcement Officer (CEO), or his duly appointed representative, to make the following minimum number of inspections on property for which a permit has been issued:
[1]
At the beginning of construction. A record shall be made indicating the time and date of the inspection and the finding of the Code Enforcement Officer (CEO) in regard to conformance of the construction with plans submitted with the application for the building. If the actual construction does not conform to the application, a written notice of the violation shall be issued by the Code Enforcement Officer (CEO), and such violation shall be discontinued. Upon proper correction of the violation and receipt of written notice from the Code Enforcement Officer (CEO), construction may proceed.
[2]
At the completion of construction. A record shall be made indicating the time and date of the inspection, and the findings of the Code Enforcement Officer (CEO) in regard to the issuance of a certificate of use. Nothing herein shall, however, preclude the Code Enforcement Officer (CEO) from making such additional inspections as are deemed necessary to establish conformance with this or other Town regulations.
(d)
Expiration and renewal. A zoning permit shall expire after 18 months if the applicant fails to implement his application as filed with the Code Enforcement Officer (CEO). A zoning permit may be renewed by the Code Enforcement Officer (CEO) not more than two times, and each renewal shall not exceed a period of six months.
(2)
Revocation. If it shall appear at any time to the Code Enforcement Officer (CEO) that the application or accompanying plot plan is in any material respect false or misleading, or that work is being done upon the premises differing materially from that specified in the application filed with him under existing laws or ordinances, he may forthwith revoke the zoning permit, whereupon it shall be the duty of the permit holder to surrender it and all copies thereof to the Code Enforcement Officer (CEO). After the zoning permit has been revoked, the Code Enforcement Officer (CEO) may, at his discretion, before issuing a new zoning permit, require the applicant to file an indemnity bond in the favor of the Town of Tusten with sufficient surety, conditioned for compliance with this chapter and all building laws and ordinances then in force, and in a sum sufficient to cover the cost of removing the building if it does not so comply.
G.
Approvals by the Planning Board, Town Board, or Zoning Board. In any instance when an approval is granted by the Planning Board, Town Board or Zoning Board of Appeals, the acting Board may require their approval be periodically renewed. Such renewal shall be granted following due public notice and hearing, and may be withheld only upon determination by the Code Enforcement Officer (CEO) to the effect that such conditions as may have been prescribed by the respective Board in conjunction with the issuance of the original approval have not been, or are being no longer, complied with. In such cases a period of 60 days shall be granted the applicant for full compliance prior to the revocation of said permit.
H.
Certificate of use. A certificate of use shall be a statement issued by the Code Enforcement Officer (CEO) setting forth either that a building, structure or parcel of land complies with the provisions of this chapter, or that a building or structure lawfully may be employed for specified uses under the provisions of this chapter, or both. The certificate of use under this chapter is separate from any permit or certificate issued pursuant to the NYS Uniform Fire Prevention and Building Code.
(1)
Requirement. No vacant land shall be occupied or used, and no structure or part of a structure, hereafter erected, structurally altered or changed in use shall be occupied or used until a certificate of use shall have been regularly issued therefore by the Code Enforcement Officer (CEO).
(2)
Structures. A certificate of use, either for the whole or part of a new structure, or for the alteration of an existing structure shall be applied for coincident with the application for a zoning permit, and shall be issued within 30 days after the erection or alteration of such structure or part thereof shall have been completed in conformity with the provisions of this chapter, provided the applicant has given the Code Enforcement Officer (CEO) timely notice of completion of the project in order to facilitate the inspection of the same.
(3)
Land and change of use. A certificate of use for the use of vacant land or for a change in the use of land, or for a change in the use of an existing structure, shall be applied for and issued before any such land or structure shall be occupied or used or such land or structure shall be changed in use, and such certificate of use shall be issued within 30 days after application has been made, provided such proposed use is in conformity with the provisions of this chapter.
(4)
Nonconforming uses. A certificate of use for changing or extending a nonconforming use, existing at the time of the passage of this chapter or of an amendment thereto, shall be applied for and issued before any such nonconforming use shall be changed or extended. Such certificate of use shall be issued pursuant to the requirements of Article IX of this chapter.
(5)
Records. A record of all certificates of use shall be kept on file in the office of the Code Enforcement Officer (CEO) and a copy shall be furnished, on request, to any person having a proprietary or tenancy interest in the structure or land affected.
(6)
House numbers. No certificate of use shall be issued until a house number meeting the requirements of emergency service providers and the enhanced 911 system has been posted.
§ 300-10.2 Violations; notice and termination.
A.
Violations. It shall be unlawful to erect, construct, reconstruct, alter or maintain or use any building or structure or to use any land in violation of any provisions of this chapter. Failure, refusal, or neglect in complying with the provisions of this chapter; failure, refusal, or neglect to secure a permit, or certificate of use, when required, prior to the erection, construction, extension, or addition to a building or structure shall be a violation of this chapter.
B.
Notice of violation and termination. When written notice of a violation of any of the provisions of this chapter has been served by the Code Enforcement Officer (CEO) or his designee on the owner, occupant, contractor, or any other person using or occupying said property, continued violation of this chapter shall be terminated immediately.
§ 300-10.3 Penalties for violations.
A.
Enforcement. A violation of this chapter is hereby declared to be an offense punishable by a fine to be established by the Town Board for a first offense. All offenses beyond a first offense shall be punishable by a fine established by the Town Board or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.
B.
Remedies. In case any building or structure is erected, constructed, reconstructed, altered, converted, or maintained or any building, structure or land is used, or any land is divided into lots, blocks, or sites in violation of this chapter or other regulation made under authority conferred thereby, the Town Board and/or Code Enforcement Officer (CEO), in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use or division of land, to restrain, correct or abate such violation, to prevent any illegal act, conduct, business or use in or about such premises, and upon the failure or refusal of Town officials to institute any such appropriate action or proceedings for a period of 10 days after written request by a resident taxpayer of the Town of Tusten so to proceed, any three taxpayers of the Town residing in the district wherein such violation exists, who are jointly or separately aggrieved by such violation, may institute such appropriate action or proceeding in like manner as such Town Officials are authorized to do so.