The original copies of this chapter and Zoning Map shall be
kept at all times in the office of the Town Clerk. Similar certified
copies of this chapter, with map attached, shall be placed on file
with the County Clerk at Lockport, New York. Whenever this chapter
is amended as prescribed herein, certified copies of the amendments,
as adopted, shall be filed in the office of the Town Clerk and also
in the office of the County Clerk at Lockport, New York.
The duty of administering and enforcing the provisions of this
chapter is hereby conferred upon the Zoning Enforcement Officer, who
shall be appointed by the Town Board and shall have such powers as
are conferred upon him by this chapter, and as reasonably may be implied.
In the pursuit of his duties, the Zoning Enforcement Officer shall:
A.
Cause all plans, buildings or premises to be examined or inspected
to determine that they are not in violation of the provisions of this
chapter.
B.
Where, in the course of his duties, he determines that any plans,
buildings or premises are in violation of the provisions of this chapter,
order the responsible party in writing to remedy such conditions.
Said written order shall specify the nature of the violation found
to exist, the remedy ordered and the time permitted for such action,
the penalties and remedies which may be involved by the Town and the
violator's rights of appeal. On the serving of notice by the Zoning
Enforcement Officer to the owner of any violation of the provisions
of this chapter, the certificate of occupancy for such building or
use shall be held to be null and void. A new certificate of occupancy
shall be required for any further use of such building or premises.
C.
Maintain a permanent record of all matters considered and all actions
taken by him. Such records shall form a part of the records of his
office and shall be available for the use of the Town Board and other
officials of the Town. The records to be maintained shall include
at least the following: An individual permanent file for each application
for a permit provided for by this chapter shall be established at
the time application is made. This file shall contain one copy of
the application and all supporting documents, maps, plans, notations
regarding pertinent dates and fees and the like and, as appropriate,
one copy of the resolution of the Board of Appeals acting on the application
and the date the permit applied for was issued or denied by the Zoning
Enforcement Officer.
D.
Prepare a monthly report for the Town Board. This report shall cite
all actions taken by the Zoning Enforcement Officer, including all
referrals made by him, all permits and certificates issued or denied
and all complaints of violations received and all violations found
by him and the action taken by him consequent thereon. A copy of this
monthly report shall also be transmitted to the Planning Board and
the Zoning Board of Appeals at the same time it is transmitted to
the Town Board.
The following certificates and permits are hereby established
for the equitable enforcement and administration of the provisions
of this chapter. A zoning permit or a special use permit shall be
a prerequisite to the issuance of a building permit.
A.
The Zoning Enforcement Officer is hereby empowered to issue a building
permit for any plans regarding the construction or alteration of any
building, or part of any building, or construction of aboveground
and in-ground swimming pools or the change in use of any land or buildings
or part thereof, where he shall determine that such plans are not
in violation of the provisions of this chapter.
B.
Upon the written direction of the Planning Board, the Zoning Enforcement
Officer is hereby empowered to issue any special use permit provided
for by this chapter.
[Amended 12-8-2005 by L.L. No. 2-2005]
C.
The Zoning Enforcement Officer is hereby empowered to issue a certificate
of occupancy which will certify that all provisions of this chapter
have been complied with in respect to the location and use of the
building, structure or premises in question.
A.
All applications for building permits shall be made to the Zoning
Enforcement Officer in the form prescribed in this chapter. Where
the proposed is a permitted principal or accessory use in an R-1 or
Agricultural District, the Zoning Enforcement Officer shall carefully
consider the applications' supporting documents for compliance with
this chapter and either issue or deny the building permit applied
therefor. When the application is for any other use in any district,
the Zoning Enforcement Officer shall, prior to issuance of any permit,
refer one copy of such plans, drawings and statements to the Planning
Board for their review and recommendations. The Planning Board shall
determine that the proposed site plan and structures will compare
favorably with community standards, other nearby community improvements
and the properly intended and planned appearance throughout any street
or adjacent area.
B.
The Planning Board shall, within 45 days after receipt of said materials,
approve or disapprove the proposed development, use or construction.
In the event of disapproval, the reason shall be stated clearly to
the Zoning Enforcement Officer in writing. The Zoning Enforcement
Officer shall deny a zoning permit for the proposed construction until
such conditions as the disapproval is based upon have been corrected.
The absence of a reply from the Planning Board within the forty-five-day
period shall constitute approval, and the Zoning Enforcement Officer
shall proceed on the basis of such approval.
C.
The Zoning Board of Appeals shall conduct a public hearing on applications
referred to it by the Zoning Enforcement Officer, in accordance with
the procedures and requirements established elsewhere in this chapter.
Within 60 days from the date of such public hearing, the Zoning Board
of Appeals shall, by resolution, either approve or disapprove the
application so heard. In approving an application, the Zoning Board
of Appeals may impose modifications or conditions specified in this
chapter to protect the health, safety or general welfare of the public.
(1)
If an application is approved by the Board of Appeals, the Zoning
Enforcement Officer shall be furnished with a copy of the approving
resolution of the Board and he shall issue the permit applied for
in accordance with the conditions imposed by the Board of Appeals.
(2)
If any application is disapproved by the Board of Appeals, the reason
for such denial shall be set forth in the Board's resolution, and
a copy of such resolution shall be transmitted to the Zoning Enforcement
Officer. The Zoning Enforcement Officer shall deny the application
accordingly by providing the applicant with a copy of the Board's
reasons for disapproval.
D.
The term of expiration for a building permit shall be set for a period
of two years from the date of issuance, with the exception that a
one-year extension may be granted for an additional fee equal to 50%
of the original cost of the permit, as deemed necessary by the Zoning
Officer.
[Added 12-5-1985]
Following the completion of construction, reconstruction or
alteration of any building, where a change in the use of a structure
is proposed, the applicant shall transmit to the Zoning Enforcement
Officer a letter stating that such construction has been completed
or that a new use has been proposed. Within seven days of the receipt
of this letter, the Zoning Enforcement Officer shall make all necessary
inspections of the completed structure and proposed use to determine
the conformance with this chapter. A certificate of occupancy shall
be issued only if the inspection finds that the construction and proposed
use comply with all the requirements and provisions of this chapter.
Each application for a zoning permit or special use permit shall
be made in triplicate on forms prescribed by this chapter and with
accompanying site plan. The material to be submitted with each application
shall clearly show the conditions on the site at the time of the application,
the features of the site which are to be incorporated into the proposed
use or building and the appearance and function of the proposed use
or building. As a minimum, the application shall include the following
information and plans for both before and after conditions:
A.
The location, use, design and dimension and height of each use and
building.
B.
The location and arrangement of vehicular accessways and the location,
size and capacity of all areas used for off-street parking, loading
and unloading.
C.
The location and dimensions of sidewalks, walkways and other areas
established for pedestrian use.
D.
The design and treatment of open areas, buffer areas and screening
devices maintained, including dimensions of all areas devoted to lawns,
trees and other landscaping devices.
E.
Provisions for water supplies, sewage disposal, and storm drainage,
including Niagara County Health Department approval thereof.
F.
Such other data and plans as the Zoning Enforcement Officer or the
Zoning Board of Appeals may require to properly take action on the
application.
