Weedsport Village City Zoning Code
ARTICLE XVIII
Administration
§ 215-157 Conformance required.
No building or land shall be used or occupied and no building or part thereof shall be erected, moved, or altered except in conformity with the regulations herein set forth for the district in which it is located.
§ 215-158 Code enforcement officer powers and duties.
The provisions of this chapter shall be administered and enforced by the Code Enforcement Officer, who shall be appointed by the Board of Trustees. It shall be the duty of the Code Enforcement Officer and he shall have the power to:
Receive, review, and approve or disapprove applications for zoning permits, building permits, certificates of occupancy, certificates of compliance, temporary certificates of occupancy, and operating permits, and the plans, specifications, and construction documents submitted with such applications.
Upon approval of such applications, to issue zoning permits and building permits, certificates of occupancy, certificates of compliance, temporary certificates of occupancy, and operating permits only when there is compliance with the provisions of this chapter and with other local laws and to include in terms and conditions as the Code Enforcement Officer may determine to be appropriate.
Conduct construction inspections; inspections to be made prior to the issuance of certificates of occupancy, certificates of compliance, temporary certificates of occupancy, and operating permits; fire safety and property maintenance inspections; inspections incidental to the investigation of complaints; and all other inspections required or permitted to determine compliance or noncompliance with the terms of this chapter.
Issue stop, cease-and-desist orders and order in writing correction of all conditions found to be in violation of the provisions of this chapter. Such written orders shall be served personally or by certified mail upon persons deemed by the Code Enforcement Officer to be violating the terms of this chapter. It shall be unlawful for any person to violate any such order lawfully issued by the Code Enforcement Officer, and any person violating any such order shall be guilty of a violation of this chapter.
Receive, review, and take action on zoning chapter violation complaints submitted by residents; business owners or employees; or the Village Board of Trustees, Planning Board, or Zoning Board of Appeals. All complaints shall be submitted in writing on the form provided by the Code Enforcement Officer available at the Village office or on the Village's website.
With the approval of the Board of Trustees, or when directed by it, institute in the name of the Village any appropriate action or proceeding to prevent the unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, or to restrain, correct or abate such violation, so as to prevent any illegal act, conduct, business or use in or about such premises.
To maintain records.
To collect fees as set by the Village Board of this Village of Weedsport.
To pursue administrative enforcement actions and proceedings.
Revoke by order a zoning permit issued under a mistake of fact or contrary to the law or the provisions of this chapter.
Maintain a map showing the current zoning classification of all land.
Upon the request of the Board of Trustees, the Planning Board or the Zoning Board of Appeals, present to such bodies, facts, records or reports which they may request to assist them in making decisions.
§ 215-159 Zoning permits.
No structure shall be erected, constructed, reconstructed, extended, or moved and no land or building changed in use, until a zoning permit has been secured from the Code Enforcement Officer. Upon completion of changes in use or construction, reconstruction, extension or moving of structures, the applicant shall notify the Code Enforcement Officer of such completion.
No permit shall be considered as complete or as permanently effective until the Code Enforcement Officer has noted on the permit that the work or occupancy and use have been inspected and approved as being in conformity with the provisions of this chapter.
Zoning permits shall not be required for general maintenance work, painting, clearing woodlands, building ponds, tilling the soil, constructing terraces, steps or other similar features and landscaping. However, all such activities shall conform to the requirements of this chapter.
Zoning permits shall be issued for a two-year term. The permit shall automatically expire after two years and a new permit shall be required before such work or change in use commences.
There are special provisions for issuance of zoning permits in areas designated as flood hazard areas by the Federal Emergency Management Agency. All development in flood hazard areas is subject to the requirements of Chapter 78, Flood Damage Prevention, of the Code of the Village of Weedsport. The Code Enforcement Officer, when reviewing applications for zoning permits in these areas of any district, including plans and specifications for proposed construction, shall review all zoning permit applications to determine if they comply with Chapter 78, Flood Damage Prevention, of the Code of the Village of Weedsport.
§ 215-160 Certificate of compliance.
No land shall be used or occupied and no building hereafter erected, altered or extended shall be used or changed in use until a certificate of compliance shall have been issued by the Code Enforcement Officer stating that the building or proposed use thereof complies with the provisions of this chapter and any other pertinent local laws.
§ 215-161 Application for zoning permit; issuance and fees.
Application requirements for zoning permits. All applications for zoning permits shall be made in writing by the owner, tenant, vendee under contract of sale, or authorized agent on a form supplied by the Village and shall be filed with the Code Enforcement Officer. The application shall include:
A statement as to the proposed use of the building or land.
A site layout drawn to scale showing the location, dimensions, and height of proposed building, structures, or uses and any existing buildings in relation to property and street lines, and showing all utilities located on the site.
The number, location, and design of parking spaces and loading spaces, if applicable.
The size, dimensions, location and methods of illumination for signs, if applicable.
Any additional information reasonably necessary for the Code Enforcement Officer to ascertain whether the proposed use, change in use, erection, alteration or addition complies with the provisions of this chapter.
Issuance of zoning permits. Zoning permits shall be granted or refused within 15 days after the completed written application has been filed with the Code Enforcement Officer, except as provided elsewhere in this chapter. Upon completion of the activity authorized by any zoning permit, the holder of such permit shall notify the Code Enforcement Officer of such completion.
Fees. The applicant for a zoning permit shall, at the time of making the application, pay to the Clerk, for the use of the Village, a fee in accordance with a fee schedule adopted by resolution of the Board of Trustees.
§ 215-162 Enforcement; penalties for offenses.
Enforcement of the provisions of this chapter shall be in accordance with the Consolidated Laws of New York, Village Law § 7-714 as follows:
In the case that any building or structure is erected, constructed, reconstructed, altered, repaired, 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 of any local law or other regulation made under authority conferred thereby, the proper local authorities of the Village, in addition to other agencies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or division of land, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure, or land or to prevent any illegal act, conduct, business, or use in or about such premises. All issues in any action or proceeding for any of the purposes herein stated shall have preference over all other civil actions and proceedings.
Whenever a violation occurs, any person may file a complaint in regard thereto. Any such complaint must be in writing and shall be filed with the Code Enforcement Officer who shall record such complaints and immediately investigate and report thereon to the Village Board of Trustees.