The Mudcat Café TM
Thread #90420 Message #1716540
Posted By: GUEST,DonMeixner
12-Apr-06 - 05:11 PM
Thread Name: House Concerts a Federal Case
Subject: RE: House Concerts a Federal Case
In my experience deeling with Local Codes, Zoning, and building construction I have learned a few things. And it is often difficult to explain without oversimplification.
To be recocnized by the state of New York each designated municipality musr have a charter. To have a charter the community must accept the rules of the state regards to a charter. The State of New York has a health, building, and zoning code that is their base line for acceptance and the state invites the small governments to accpt this basic set of laws. But the state also says you can create code restrictions that are stricter than the states but no less strict then the states.
If the community doesn't wish to have it's own codes but does wish to be a chartered local government the State of New York through the Department of the interior Enforces the state code.
Local codes may get stiffer because the state code doesn't cover specific instances that are unique to specific communities. It appears this ability to make codes stricter that allows for gated communities and building projects with community covenants. Such as housing developments that don't allow RV's in driveways, house color is restricted, and the home owners associations decide if kids may play in the front yards or not.
Nothing is a simple as "I own it, I can paint it if I wish, what color I wish" Anymore.