by Andrew Getty
Why are local Town Zoning Ordinances written? Why are there State Build-ing, Fire Safety or Property Maintenance codes?
Maybe it is to just simply give people a hard time, right?
Obviously, some think so.
Zoning Laws are enacted by local communities to address issues important to the community. Control growth in a manner that supports property values. Enhance the quality of life.
Zoning does not and cannot change building codes.
Nor do building codes dictate zoning or land use regulations. They are distinctly different in their intent, however almost always administered by the same people.
The Town of Webb is no different.
The Office of Code Enforce-ment, sometimes called the Code Office or the Zoning Office, administers zoning and building regulations.
In larger cities sometimes there are two separate departments. To get a building permit, first the Zoning Department is contacted to review the uses intended relevant to the property and in the building.
After Zoning, the Building Department is contacted regarding the specifics of design, fire safety, structural requirements, energy efficiency, and other NYS Code issues.
In administering these different rules, codes, ordinances and laws, not everyone likes what they are told.
However, most are cooperative and understand that these things have been created to offer some level of assurance that properties are used in a manner deemed acceptable to the community, thus not creating a situation that could negatively impact the quality of life for a neighbor or the community in general.
State building and fire codes are specific to life safety and general property maintenance issues.
Rarely is the administration of the State Code a big issue. Some may grumble a little, not agree, but most accept them.
However, how about those who just don’t seem to care about zoning?
Zoning issues can be more challenging to deal with. Usually the situation is perceived to be very personal.
However, zoning laws do not have feelings. But too many times the people having an issue with zoning take it very personally.
Just a reminder to those who find themselves in opposition to zoning laws, the enforcement officers do not write these laws, your elected officials do.
The officers involved may have their own opinions about the different regulations, but their job is to reasonably enforce, to the best of their ability with the resources provided, the zoning rules as they are written.
And the rules apply to all. It’s not any different than Police work. If you’re going 75mph in a 40mph zone, expect a speeding ticket.
If you’ve been drinking too much and get behind the wheel, expect to be arrested for DWI.
Whether you have lived here all your life and know everybody should not matter.
Whether you work for, or belong to, a prominent business, group, association or anything else, should not matter.
To expect special enforcement treatment because of any of these things is unfair, unreasonable, unrealistic and unhealthy for everyone, especially the community as a whole.
But, it seems it does matter… at least some think so.
If you don’t like the local law, use your power as an upright citizen and petition your local elected officials and get the local law changed.
Direct that same energy used in anger to a path directed to change the rule to balance your needs with the needs of the community.
Local zoning is supposed to reflect the will of the community.
These laws are not written in secret, they are not written by the officers involved with enforcement, they are written after months, sometimes years of open committee meetings, special advertised public hearings, articles in local papers all in an attempt to solicit public opinions.
And after all that effort to be open and inclusive, rarely does anyone come to the public meetings. Too sad… way too sad.
Our job is not to prevent you from doing what you hope; it is to help you find an appropriate way to do what you hope and at the same time provide a level of enforcement to those who are not in compliance.