A.
No use or structure shall be established, erected,
nor land developed until a zoning permit has been issued by the Code
Enforcement Officer, who shall issue such permits in accordance with
regulations in this chapter. A building permit may also be required
pursuant to the NYS Uniform Fire Prevention and Building Code.
B.
A zoning permit shall not be required for customary
agricultural uses, or for structures for which a building permit is
not required, except that a zoning permit shall be required prior
to changing the principal use of a property. Such uses and structures
shall comply with all other requirements herein.
Under the terms of this chapter, zoning permits
may be issued pursuant to the following procedures:
A.
Permitted use. A zoning permit for a permitted use
may be issued by the Code Enforcement Officer on his own authority.
The zoning permit may be issued in conjunction with, and administered
using the same form as, a building permit.
B.
Site plan approval. A zoning permit for a permitted use, other than a one- or two-family dwelling, farm use, or an accessory use associated with a single- or two-family dwelling or farm use, may be issued by the Code Enforcement Officer after site plan approval from the Planning Board, as more fully described in Article X.
A.
Application. Application for a zoning permit shall
be made with the Code Enforcement Officer on forms approved by the
Town Board. Forms shall be made available at the offices of the Code
Enforcement Officer and the Town Clerk.
B.
Information.
(1)
All information on the application form shall be completed.
(2)
In addition, two copies of a property map shall be
submitted with all applications. The map shall be either:
(a)
Sketch map. A sketch map is required with all
applications for a zoning permit for one- or two-family dwellings,
their customary accessory uses, or farm use. The sketch map shall
be drawn to scale and show the dimensions and location of the lot,
exact size and location of all existing and proposed buildings on
the lot, proposed location of water and sewage disposal systems, parking
areas and driveway location, natural water courses, ponds, surface
drainage patterns and location of existing or proposed easements;
or
C.
Approval of water and sewage disposal systems. Evidence
of approval of the water supply and the sewage disposal system plans
by the Orleans County Health Department or its agent, or design plans
signed by a licensed engineer, shall be submitted at the time of application.
Applications lacking such information shall not be accepted.
D.
Evidence of property ownership or intent to purchase.
Copies of deeds, titles, purchase agreements, or other proof of ownership
or intent to purchase shall be attached to an application before it
will be accepted.
E.
Licenses. Any use currently licensed by federal, state,
county or Town agencies and already operating within the Town shall
present evidence of currently valid licenses before any expansion
permits are considered.
F.
Fee. The appropriate nonrefundable fee established
by the Town Board in its fee schedule shall be collected at the time
of application. This fee schedule shall be filed and posted at the
office of the Town Clerk.
When all requirements of this chapter have been
met, the Code Enforcement Officer shall issue a zoning permit and
return one approved copy of the map to the applicant no later than
15 days after approval. The Code Enforcement Officer shall file one
copy of the approved permit in his office.
A.
Permits issued pursuant to this article shall expire
in 12 months unless the project is completed.
B.
The Code Enforcement Officer may grant an extension
for time of completion and include any conditions or requirements
deemed necessary or desirable. Applicants shall justify the need for
the proposed extension. Unless such an extension is requested and
approved, further work as described in the canceled permit shall not
proceed until a new permit has been obtained.
C.
If a project is not initiated within six months of
the issuance of the permit, the permit issued shall be considered
null and void, and a new application shall be required in order to
obtain a new permit.
A.
It shall be unlawful to use or occupy or permit the
use or occupancy of any building or premises, or both, or part thereof
hereafter created, erected, changed, converted or wholly or partly
altered or enlarged in its use or structure until a certificate of
compliance shall have been issued therefor by the Code Enforcement
Officer stating that the proposed use of the building or land conforms
to the requirements of this chapter. A certificate of compliance shall
not be granted unless a certificate of occupancy has been issued pursuant
to the NYS Uniform Fire Prevention and Building Code.
B.
Failure to obtain a certificate of compliance shall be a violation of this chapter and punishable as provided by Article VIII.
C.
Within seven days after the completion of the change
in use of a building or parcel of land, the applicant shall so notify
the Code Enforcement Officer stating that such action has been completed.
Within 15 days of the receipt of this letter, the Code Enforcement
Officer shall conduct a final inspection of the premises to determine
whether the new use complies with the requirements of this chapter.
If the Code Enforcement Officer determines that said building or use
complies with the provisions herein, he shall issue a certificate
of compliance. If it is determined that the provisions specified herein
are not fully complied with, the Code Enforcement Officer shall specify
the violations and the terms and conditions for remedying these violations.
A certificate of compliance shall not be issued until such violations
are corrected.
D.
No nonconforming building or use shall be maintained,
renewed, changed or extended without a certificate of compliance having
first been issued by the Code Enforcement Officer. The certificate
of compliance shall state specifically wherein the nonconforming use
differs from the provisions of this chapter.
E.
The certificate of compliance may be issued at the
same time, and may be administered using the same form, as the certificate
of occupancy issued pursuant to the NYS Uniform Fire Prevention and
Building Code.
