[Amended 11-10-1998]
The Zoning Administrator shall have the power
and duty to administer and enforce the provisions of this chapter.
The Zoning Administrator shall be appointed and may be removed at
the pleasure of the Town Board. An appeal from an action, omission,
decision or rule by him regarding a requirement of this chapter may
be made only to the Zoning Board of Appeals.
The original or a certified copy of all decisions,
approvals, rulings and findings of any board under this chapter, and
of all permits and certificates issued under this article, shall be
promptly furnished by the Zoning Administrator to the Town Clerk and
retained as a permanent Town public record.
An action, omission, decision or ruling of the
Planning Board or Zoning Board of Appeals pursuant to this chapter
may be reviewed at the instance of any aggrieved person in accordance
with Article 78 of the Civil Practice Law and Rules, but application
for such review must be made not later than 60 days from the effective
date of the decision or ruling or the date when the action or omission
occurred, whichever comes later.
[Amended 11-10-1998]
Unless otherwise stated, all petitions, applications
and appeals provided for in this chapter shall be made on forms prescribed
by the Planning Board. Completed forms shall be accompanied by whatever
further information, plans or specifications may be required by such
forms.
Fees shall be paid upon the submission of petitions,
applications and appeals provided for by the terms of this chapter
in such amount or amounts as shall be established by resolution of
the Town Board from time to time.
[Amended 11-10-1998]
Each notice of hearing upon an application for
site plan review approval or for the granting of a variance, or upon
an appeal to the Zoning Board of Appeals from an action of the Zoning
Administrator, shall be published once in the official newspaper of
the Town at least five days prior to the date of the hearing. In addition,
at least 10 days prior to the date of the hearing, notices shall be
mailed to all owners of the property within 500 feet of the exterior
boundary of the boundary of the property for which the application
is made, as may be determined by the latest assessment records of
the Town.
A.
No person shall undertake any new land use or development
unless and until the Zoning Administrator has issued a land use and
development permit therefor, except that no permit by the Zoning Administrator
shall be required under this article for a new land use and development
which is a Class A regional project subject to Adirondack Park Agency
project permit jurisdiction.
[Amended 11-10-1998]
B.
Issuance of land use and development permits. The
Zoning Administrator shall not issue a land use and development permit
unless the Zoning Administrator determines:
[Amended 11-10-1998]
(1)
The new land use or development complies with any
applicable sanitary codes;
(2)
The new land use and development meets the area, setback, bulk and height controls and the special shoreline restrictions of this chapter, unless an area variance has been granted pursuant to Article XII hereof;
(3)
It is an accessory use or a use permitted by right
or the new land use or development has received site plan approval,
if applicable, and, if such approval is subject to conditions to be
met prior to the granting of a permit, that all such conditions have
been met;
(4)
It is a nonpermissible use for which a use variance has been granted pursuant to the terms of Article XII hereof and, if such grant was subject to conditions to be met prior to the granting of a permit, that all such conditions have been met; and
(5)
It is a sign, and such sign complies with the provisions
of this chapter.
C.
Expiration of land use and development permits. If
a project for which a land use and development permit has been issued
is not in existence within two years after the issuance of such permit,
said permit shall expire, and the project may not thereafter be undertaken
or continued unless a new permit has been applied for and issued in
the same manner and subject to all provisions governing the initial
application for and issuance of a permit, unless the terms of the
initial land use and development permit for the project provide for
a longer period of time, in which case the permit shall expire at
the end of that longer period.
[Amended 11-10-1998]
Upon the completion of a building erected or
materially altered for which a land use and development permit has
previously been issued, a certificate permitting the occupancy of
the building and the use designated in the land use and development
permit shall be required, and the building may not be occupied until
such certificate of occupancy has been issued. The Zoning Administrator
shall issue such certificate of occupancy within 10 days of a written
request for inspection, if he shall determine that all the conditions
of the land use and development permit pertaining to that building,
if any, have been fulfilled. To aid in the early identification of
any problems, the Zoning Administrator shall make an inspection of
the proposed structure, or addition to a structure, at the time the
forms for the foundation footprint have been set in place and, based
upon such inspection, shall notify the owner whether the proposed
project complies with the issued land use and development permit.
