A.
General sequence of steps. All persons desiring to undertake any
new construction, structural alteration, repair or changes in the
use of a building or lot shall apply to the Zoning Officer for a zoning
permit by filling out the appropriate application form and by submitting
the required fee. The Zoning Officer will either issue the zoning
permit or, if it is felt that an interpretation, variance or special
use permit is required, refuse to issue it until duly authorized in
accordance with the provisions of this chapter. After the zoning permit
has been received, the applicant may proceed to undertake the action
permitted by such zoning permit. If the Zoning Officer finds that
the action of the applicant has been taken in accordance with the
zoning permit, a certificate of zoning compliance will be issued,
allowing the premises to be occupied.
B.
Zoning permit types. Under the terms of this chapter, the following
classes of zoning permits may be issued:
(1)
Permitted use. A zoning permit for a permitted use may be issued by the Zoning Officer on the authority of the Zoning Board of Appeals. When special conditions are indicated in Article IV, such conditions must be met before the Zoning Officer issues a permit.
(2)
Special uses. A zoning permit for a special use may be issued
by the Zoning Officer after review by the Planning Board and upon
the order of the Zoning Board of Appeals.
(3)
Variance request. A zoning permit may be issued by the Zoning
Officer upon the order of the Zoning Board of Appeals and after a
public hearing held by the Zoning Board of Appeals for the purpose
of deciding upon a request for a variance.
C.
General. No building or structure shall be erected, added to or structurally
altered until a zoning permit therefor has been issued by the Zoning
Officer. No such permit shall be issued for any building or for any
use of land where said construction, addition, alteration or use thereof
would be in violation of any of the provisions of this chapter. Alterations
or additions include, but are not limited to, the following:
(1)
New construction, including houses, garages, commercial structures,
additions thereto and accessory structures;
(2)
Adding apartments to existing structures;
(3)
Windows, roofing and siding;
(4)
Demolition of structures;
(5)
Fences;
(6)
Signs;
(7)
Swimming pools;
(8)
Satellite dishes;
(9)
Decks and patios;
(10)
Change of use permits; and
(11)
Repairs.
D.
Information necessary for application. Every application for a zoning
permit shall state, in writing, the intended use of the building or
land and shall be accompanied by two copies of a plot plan drawn to
a scale and showing the actual dimensions of the lot to be built upon,
the exact size and location on the lot of the building and accessory
buildings to be erected and such other information as may be necessary
to provide for the enforcement of this chapter. Unless such plan is
drawn in suitable form, the Zoning Officer may refuse to accept the
application. One copy of such plot plan, together with the zoning
permit, shall be returned to the applicant when approved by the Zoning
Officer and upon payment of a fee as indicated in this article. The
second plot plan, with a copy of the application for a zoning permit,
shall become a public record after a permit is issued or denied. All
applications for industrial or commercial uses for projects, the costs
of improvements of which exceed $50,000, shall require security in
a form acceptable to the Town Attorney in an amount established by
the Town Board after consultation with the Town Engineer.
E.
Water supply and sewage disposal. All water supply and sewage installations
shall conform to Seneca County Department of Health regulations. No
plot plan shall be approved by the Zoning Officer in any zone unless
such conformity is certified on the plan or in writing. Drainage affecting
adjacent properties, including possible runoffs onto said properties,
shall be considered by the Zoning Officer before a zoning permit is
issued.
F.
Issuance of permits.
(1)
It shall be the duty of the Zoning Officer to issue a zoning
permit, provided that he or she is satisfied that the structure, building,
sign and parking area of the premises and the proposed use thereof
conform to all requirements of this chapter and that all other reviews
and actions, if any, called for in this chapter have been complied
with and all necessary approvals and authorizations have been secured
therefor.
(2)
All zoning permits shall be kept and displayed sconspicuously
on the premises affected whenever construction work is being performed
thereon. No owner, contractor, worker or other person shall perform
any building operations of any kind unless a zoning permit covering
such operation has been displayed as required by this chapter, nor
shall he or she perform building operations of any kind after notification
of the revocation of said zoning permit by the Zoning Officer or other
authorized public official.
G.
Denial of permits. When the Zoning Officer is not satisfied that
the applicant's proposed development meets the requirements of this
chapter, he or she will refuse to issue the zoning permit. Such refusal
will enable the applicant to submit an appeal to the Zoning Board
of Appeals.
H.
Revocation of permits. If it shall appear, at any time, that the
application or accompanying plan is in any material respect false
or misleading, or that work being done on the premises differs materially
from that called for in the application filed under existing laws
or ordinances, the Zoning Officer shall immediately issue a stop-work
order and may refer the matter to the Zoning Board of Appeals to consider
revocation of the zoning permit at a public hearing to be conducted
upon due notice to the permit holder. After a permit has been revoked,
the Zoning Officer, before issuing a new permit, shall require the
applicant to file a performance bond or other security in a form acceptable
to the Town Attorney and in an amount required by the Town Board after
consultation with the Town Engineer, sufficient to pay the cost of
removal of any nonconforming structure.
I.
Expiration of permits.
(1)
A zoning permit shall expire after one year if the applicant
fails to start or complete his or her application as filed with the
Zoning Officer.
(2)
A subdivision approval shall expire after one year from the
date of such approval if no construction takes place within the year.
(3)
If a permit or approval expires, the applicant must reapply
and pay the applicable fees.
(4)
Any variance granted shall expire if not implemented within
one year unless the Zoning Board of Appeals provides for a longer
period.
(5)
Any special use permit granted shall expire if not implemented
within one year unless the Zoning Board of Appeals provides a longer
period.
A.
General. No land shall be occupied or used and no building hereafter
erected, altered or extended shall be used or changed in use until
a certificate of zoning compliance shall have been issued by the Zoning
Officer, stating that the buildings or proposed use thereof complies
with the provisions of this chapter.
B.
Application for certificate of zoning compliance. All certificates
of zoning compliance 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.
C.
Record. The Zoning Officer shall maintain a record of all certificates,
and copies shall be furnished upon request to any person having a
proprietary or tenancy interest in the building affected.
A.
Referral. The Town Planning Board shall review and report on all matters referred to it by the Town Clerk. See § 300-116.
B.
Approval of site plans and certain uses. The Planning Board shall
review and approve, approve with modifications or disapprove site
plans, including certain land uses, when such site plan review is
specified in this chapter. When Planning Board approval is required,
no zoning permit shall be issued until such approval, with or without
modification, has been granted.
Fees related to zoning and building matters shall be established
from time to time by resolution of the Town Board and set forth on
a schedule available from the office of the Town Clerk.
A.
A violation of this chapter occurs when, in any case, any building
or structure is erected, constructed, reconstructed, altered, repaired,
converted or maintained, or any building, structure or land is used,
occupied and/or operated in violation of this chapter or of any ordinance
or regulation made under authority conferred hereby.
B.
A violation of this chapter shall be an offense, punishable by a
fine not to exceed $350 or imprisonment for a period not to exceed
15 days, or both, for a conviction for a first offense; a fine of
not less than $350 nor more than $700 or imprisonment for a period
not to exceed 15 days, or both, for a conviction for a second offense
within a period of five years from the date of the commission of the
first offense; a fine of not less than $700 nor more than $1,000 or
imprisonment for a period not to exceed 15 days, or both, for a conviction
for a third or subsequent offense within a period of five years from
the date of the commission of the first offense.
C.
Each day's continued violation shall constitute a separate additional
violation.
D.
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.
A.
Whenever a violation of this chapter occurs, any person may file
a complaint in regard thereto. All such complaints must be in writing
and shall be filed with the Zoning Officer, who shall properly record
such complaint and investigate same.
B.
Authority of Zoning Officer.
(1)
Upon investigation, if the Zoning Officer has probable cause
and/or reasonable suspicion to believe that a violation of this chapter
has occurred, he or she shall have the right and duty to commence
a proceeding in the local justice court.
(2)
The Zoning Officer is hereby authorized to commence a proceeding
in the local justice court by either of the following methods:
(a)
When such an offense was committed in the Zoning Officer's presence,
the Zoning Officer may issue and serve an appearance ticket under
the Criminal Procedure Law of the State of New York.
(b)
In all other cases, by the filing of an accusatory instrument
with the court under the Criminal Procedure Law of the State of New
York. Upon the filing of an accusatory instrument with the justice
court, the court shall cause a summons to be issued.
C.
Violations shall be prosecuted by the Zoning Officer, with the assistance
of the Town Attorney when requested by the Zoning Officer, pursuant
to the Criminal Procedure Law of the State of New York pertaining
to prosecution of offenses in the justice courts.
In addition to the procedures and powers contained in §§ 300-109 and 300-110 of this chapter, upon the happening of any violation of this chapter, the Town Board or, with its approval, the Zoning Officer or other proper official, in addition to other remedies, may institute any appropriate action or proceedings, in law or equity, to:
A.
Prevent or remove such unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance, operation, occupation
or use; to restrain, correct or abate such violation;
B.
Prevent the occupancy of said building, structure or land; or
C.
Prevent any illegal act, conduct business or use in or about such
premises.
