A. 
Zoning Administration Officer. The Town Board shall appoint a Zoning Administrative Officer who shall be charged with the administration of this chapter.
B. 
Building permits.
(1) 
No building or structure shall be excavated for, erected, added to or structurally altered until a permit therefor has been issued by the Zoning Administrative Officer. Except upon a written order of the Board of Appeals, no such zoning permit, nor a certificate of occupancy, shall be issued for any building where said construction, addition or alteration or use thereof would not conform with the provisions of this chapter.
(2) 
There shall be submitted with all applications for zoning permits, two copies of a site plan showing the actual dimensions of the lot to be built upon, the actual size and location on the lot of the building and accessory buildings to be erected and such other information as may be necessary to determine and provide for the enforcement of this chapter.
(3) 
One copy of such plan shall be returned when approved by the Zoning Administrative Officer together with such zoning permit to the applicant upon payment of a fee as set by the Town Board.
C. 
Certificate of occupancy.
(1) 
After the effective date of this chapter, no land or building shall be used until a certificate of occupancy shall have been issued by the Zoning Administrative Officer stating that the building or proposed use thereof is valid under the provisions of this chapter.
(2) 
All certificates of occupancy shall be applied for coincident with the application for a zoning permit. Said certificate shall be issued within 10 days after the erection or alteration shall have been approved as complying with the provisions of this chapter.
(3) 
The Zoning Administrative Officer shall maintain a record of all certificates of occupancy and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building affected.
(4) 
Pending the issuance of a regular certificate of occupancy, a temporary certificate of occupancy may be issued for a period not to exceed six months. Temporary certificates of occupancy may be renewed for additional six-month periods; such renewals shall not exceed a total of three in number. Such temporary certificates of occupancy shall only be issued in cases of emergency or hardship and only for the following purposes: temporary use of a building or a mobile dwelling as a dwelling while a permanent dwelling is under construction or alteration or the use of an uncompleted dwelling under construction. A building shall be considered under construction and uncompleted until there is a complete exterior of a story other than a basement.
A. 
Appointment and organization. The Board of Appeals shall consist of five members appointed by the Town Board, who shall also designate the Chairman. The terms of office of said Board of Appeals shall be five years, excepting that the five members first appointed shall serve respectively for the terms of one, two, three, four, and five years. The Board of Appeals shall appoint a Secretary and shall prescribe rules for the conduct of its affairs.
B. 
Powers and duties. The Board of Appeals shall have all the powers and duties prescribed by law and by this chapter, which are more particularly specified as follows:
(1) 
Interpretation. To decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary.
(2) 
Variances. To vary or adapt the strict application of any of the requirements of this chapter in the case of exceptionally irregular, narrow, shallow, or steep lots, or other exceptional physical conditions, whereby such strict application would result in practical difficulty that would deprive the owner of the reasonable use of the land or building involved, but in no other case.
(3) 
Use and area variances may be granted by the Board of Appeals in accordance with the guidelines set forth in Town Law § 267-b.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Procedure.
(1) 
The Board of Appeals shall act in strict accordance with the procedures specified by law and by this chapter. All appeals and applications made to the Board of Appeals shall be in writing on forms prescribed by the Board.
(2) 
Every appeal or application shall refer to the specific provision of the law involved and shall exactly set forth the interpretation that is claimed, the use for which the special use permit is sought, or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be. The Board of Appeals shall fix a reasonable time for the public hearing required for every appeal or application and shall give public notice thereof by the publication in the official paper of a notice of such public hearing at least 10 days prior to the date thereof; and shall, at least 10 days before such public hearing, mail notices thereof to the parties involved.
(3) 
The Secretary of the Board shall transmit to the Town Planning Board a copy of said application or appeal, together with a copy of the notice of the aforesaid public hearing, and shall request that the Planning Board submit to the Board of Appeals its advisory opinion on said application or appeal; and the Planning Board shall submit a report of such advisory opinion prior to the date of said public hearing.
(4) 
Every decision of the Board of Appeals shall be by resolution, each of which shall contain a full record of the findings of the Board in the particular case. Each such resolution shall be filed in the office of the Town Clerk, by case number under one or another of the following headings: interpretations; variances, together with all documents pertaining thereto. The Board of Appeals shall notify the Town Board and the Planning Board of each variance granted under the provisions of this chapter.
A violation of this chapter is hereby declared to be an offense, punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both for conviction of a first offense; for conviction of a second offense both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Amendments to this chapter may be made by the Town Board upon its own motion, or by petition, or upon recommendation of the Planning Board after public notice and hearing. At least 10 days' notice of the time and place of such hearing shall be published in the official newspaper.
B. 
Every such proposed amendment or change, whether initiated by the Town Board or by petition, shall be referred to the Planning Board for report thereon before such public hearing.
C. 
In case of a protest against such change signed by the owners of 20% or more, either of the area of the land included in such proposed change, or of that immediately adjacent extending 100 feet therefrom, or that directly opposite thereto, extending 100 feet from the street frontage of such opposite land, such amendment or change shall not become effective except by the favorable vote of at least four members of the Town Board.
In their interpretations and application, the provisions of this chapter shall be held to be the minimum requirements adopted for promotion of the public health, morals, safety, or the general welfare. Wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, laws, or deed restrictions, the most restrictive, or that imposing the higher standards, shall govern.
Whenever any amendment, special use or variance would apply to real property within a distance of 500 feet from the Town boundary or within 500 feet of any county or state property or right-of-way (including highways), it shall be referred to the Madison County Planning Board, which shall have 30 days in which to report its recommendations. Failure of the County Planning Board to report within 30 days may be construed to be approval. Notification of action taken on any matter referred to the County Planning Board shall be given within seven days of such action to the County Planning Board. This section is in compliance with § 239-m of Article 12-B of the General Municipal Law.
[Added 8-12-1981 by L.L. No. 1-1981]
Fees to accompany an application for a building permit, use permit, application for a zoning variance, application for a zone change or application for any other relief provided from or under this chapter may be set by the Town Board from time to time and collected by the Zoning Administration Officer or such other employee as may be designated by the Town Board of the Town of Sullivan.