The Code Enforcement Officer shall have the
power and duty to enforce the provisions of this chapter. The officer
shall be appointed and may be removed by the Town Board and shall
serve at the pleasure of the Town Board of Gates. An appeal from a
ruling by him regarding a requirement of this chapter may be made
only to the Zoning Board of Appeals.
All petitions, applications and appeals provided
for in this chapter shall be made on forms prescribed by the Town
Board. Forms shall be accompanied by plans and specifications as required
by this chapter.
Fees shall be paid to the Town Clerk upon the
filing of an application. Such fees shall be as established by Town
Board resolution and are not refundable.
[Amended 5-6-2019 by L.L.
No. 1-2019; 5-3-2021 by L.L. No. 11-2021]
When the Town Board, Planning Board or Zoning Board of Appeals
is required to hold a public hearing, as provided for in this chapter
or elsewhere by law, notice of the hearing shall be given pursuant
to the provisions of NYS Town Law § 264, and in the following
manner:
A.
Each notice of a public hearing for Town Board, Planning Board, and
Zoning Board of Appeals shall be published in a newspaper of general
circulation in the Town, and posted on the Town website and Town bulletin
board at least five business days prior to the date of the hearing.
Additionally:
(1)
All property owners of record within 300 feet of the outside
perimeter or boundary line of property involved in the application
shall be notified by mail at least 10 days prior to the date of the
public hearing. In the event that the subject property is within 300
feet of property under condominium ownership or ownership of a homeowners'
association, then, in that event, only the owners of the units within
300 feet of the subject property and the governing body of the condominium
or homeowners' association shall be notified by mail under the terms
of this provision.
(2)
At least 10 days prior to the date set for a public hearing,
the property shall be posted with a sign, prominently displaced along
each road frontage. Signs shall be no closer than eight feet to and
no further than 15 feet from the pavement edge. All signs posted pursuant
to this section shall be removed by the applicant within five days
after the conclusion of the public hearing, and returned to the Building
Department.
(3)
Applicants should direct all best efforts to maintain signs
for said time period. Failure by the applicant to maintain the required
signs shall not prejudice the application, but could, at the discretion
of the applicable board, result in postponement of the public hearing.
(4)
Fees collected by the Town Clerk upon filing of an application
shall pay for the Town's efforts to provide public notice as described
in this section.
B.
Each notice of a hearing regarding an amendment to
this chapter shall be published at least one time in a newspaper of
general circulation in the Town at least 10 days prior to the date
of the hearing.
C.
Each notice of a hearing on an appeal authorized by
this chapter shall be published in a newspaper of general circulation
in the Town not less than five days prior to the date of the hearing.[1]
[1]
Editor's Note: Former Subsection D, Posting of property, which
immediately followed this subsection, was repealed 5-3-2021 by L.L. No. 11-2021.
In a case where a conditional use permit or
a variance is denied by the authorized board, as the case may be,
unless specifically stated to be without prejudice, said permit or
variance shall not be eligible for resubmittal for the period of one
year from the date of said denial, unless, in the opinion of the authorized
board, new evidence is submitted or conditions have changed to an
extent that further consideration is warranted or as provided by § 267
of the Town Law.
A.
Upon the completion of a structure legally erected
or altered, as required by this chapter, a permit for the occupancy
of the structure and the use designated in the building permit shall
be issued within 10 days of a written request for inspection. No structure
shall be occupied or the premises used until such permit is issued,
and such certificate shall automatically become invalid upon any change
in use of said premises.
B.
It shall be unlawful to change the occupancy or the
use of any land or structure unless:
[Added 10-29-1979]
(1)
Prior to such change in the use of land or structure
from the use stated on the certificate of occupancy issued for said
land or structure, or, if no certificate of occupancy was issued,
from the use of land or structure in existence at the time of the
adoption of this amendment, the owner of the premises or his duly
authorized agent shall make an application in writing, on forms provided
by the Town of Gates, for a certificate of occupancy for the proposed
use.
(2)
The application shall be filed with the Building
Inspector of the Town of Gates, who shall review the application for
the proposed use and determine if said use complies with and conforms
to the various requirements of this chapter applicable to the proposed
use.
(3)
Within 10 days from the date of the filing of
the application, the Building Inspector shall either issue a certificate
of occupancy for the proposed use or deny the same in writing, stating
the reasons for such denial.
[Amended 11-4-2020 by L.L. No. 1-2021; 5-3-2021 by L.L. No. 11-2021]
Pursuant to § 271 of the Town Law,
the Planning Board of the Town of Gates shall consist of five members
and two alternates appointed by the Town Board, in such manner and
for such terms as provided in the Town Law. For the purpose of initiating
a Planning Board under this chapter, the normal continuance of the
existing Planning Board is established. The Planning Board shall have
power to pursue all those duties established for it by statute and
this chapter. Such Board shall establish such rules and regulations
as are necessary for the transaction of its business and may amend,
modify and repeal the same.
[Amended 11-4-2021 by L.L. No. 2-2021; 5-3-2021 by L.L. No. 11-2021]
Pursuant to the provisions of § 267
of the Town Law, a Board of Appeals is hereby created. Said Board
shall consist of five members and two alternates to be appointed by
the Town Board, which shall also designate the Chairman thereof, for
such terms as provided by the Town Law and any amendments thereto;
and the Board of Appeals shall have all the powers and perform all
the duties prescribed by statute and by this chapter. For the purpose
of initiating a Board of Appeals under this chapter, the normal continuance
of the existing Board of Appeals is established. Said Board shall
establish and from time to time amend or repeal rules and regulations
for the effectuation of its powers and duties.
