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.
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.
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.
This chapter shall be known and may be cited
as "The Town of Sullivan Zoning Law."
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.
