No land use activity as listed below shall be carried out until a zoning permit has been issued by the Zoning Officer stating that the proposed building, structure, use of land or development activity complies with the requirements of this chapter:
A. 
Erection, reerection or movement of a building or structure.
B. 
Change of the exterior structural dimensions of a building or structure.
C. 
Change in use of land, buildings or structures through the establishment of a new use, or through the expansion or enlargement of an existing use.
D. 
The resumption of any use which has been discontinued for a period of 12 months or longer.
E. 
Establishment or change in dimensions of a parking area for nonresidential or multiple-family residential uses.
F. 
Placement of a sign as regulated in Article VII of this chapter.
G. 
Placement of aboveground or below-ground pools.
H. 
Change in the contours of 7,500 square feet or more of land.
[Amended 7-18-1996 by L.L. No. 2-1996]
I. 
Construction, replacement or major modification of any on-site sewage disposal system.
A zoning permit shall not be required for:
A. 
Accessory structures with less than 140 square feet of ground coverage, unless over 15 feet in height.
B. 
Exempt signs listed in Article VII of this chapter.
C. 
Fences or walls complying with Article VI of this chapter.
D. 
Interior structural alterations or routine maintenance and improvement that does not expand the exterior dimensions of the structure (e.g., roofing, window replacement, siding replacement, etc.).
E. 
Home occupations complying with Article VI of this chapter.
F. 
Minor accessory structures such as posts, sidewalks, driveways, flagpoles, playground equipment, etc.
G. 
Family day-care homes, group family day-care homes and school age child-care programs.
H. 
Reerection of a porch or deck of the same size and dimensions of the original structure.
I. 
Nonstructural agriculture and forest management uses.
[Amended 8-20-2015 by L.L. No. 2-2015]
Temporary zoning permits may be issued upon the approval of the Zoning Officer for a period not to exceed 12 months. Such temporary zoning permit shall be conditioned upon agreement by the applicant to remove any nonconforming uses or structures upon expiration of the permit. The Zoning Officer may place such appropriate conditions on the use so as to protect the character of the surrounding area. Temporary permits may be issued for the following uses:
A. 
Temporary uses incidental to a construction project.
B. 
Temporary real estate sales offices incidental to a subdivision.
C. 
Temporary roadside stands for the sale of agricultural products grown on the premises.
D. 
Other similar temporary incidental uses.
A. 
Applications for zoning permits shall be submitted to the Zoning Officer and shall include three copies of a layout or plot plan showing the actual dimensions of the lot to be used; the size and location on the lot of existing and proposed structures and accessory structures; the setbacks of structures from all lot lines, road lines, mean high-water lines of lakes, streams, ponds and wetlands, and any other features of the lot; and such other information as may be necessary to provide for the enforcement of this chapter. This information, and other relevant application data, shall be provided on forms issued by the Zoning Officer.
B. 
When establishing measurements to meet the required setbacks and yard sizes, the measurements shall be taken from the lot line, road line or nearest mean high-water line to the furthermost protruding part of the use or structure. This shall include such projecting facilities as porches, carports, attached garages, etc.
C. 
The Zoning Officer shall take action to approve or disapprove the application within 10 business days of the receipt of a completed application by the Zoning Officer and the payment of all fees.
D. 
A zoning permit shall expire one year from the date of issue if construction is not substantially started or the use has not commenced. Such permit may be renewed upon payment of all fees.
A. 
A fee as determined by Town Board resolution shall be paid for each application for a zoning permit, site plan review or special use permit. No permit shall be issued until full payment has been received by the Town Clerk.
B. 
The Planning Board may retain consulting services from engineers, architects, landscape architects, lawyers, planners or other professional services during the course of site plan reviews and special use permit reviews conducted pursuant to this chapter. The applicant shall pay any actual costs attributable to a consultant's review of an application. The Planning Board may require the applicant to deposit such funds as may be necessary to pay for these services with the Town in advance.
No use or structure requiring a zoning permit shall be occupied, used or changed in use until a certificate of compliance has been issued by the Zoning Officer stating that the use or structure complies with the provisions of this chapter. All certificates of compliance shall be applied for coincidentally with the application for a zoning permit and shall be issued within 10 business days after the use has been approved as complying with the provisions of this chapter.
No zoning permit or certificate of compliance shall be issued for any use or structure on any lot which has been filed in the office of the County Clerk after January 1, 1994, unless such lot is included in a plat which has been approved by the Planning Board and filed with the office of the County Clerk or was exempt from said law at the time of filing.
This chapter shall be enforced by the Zoning Officer, who shall be appointed by the Town Board. The duties of the Zoning Officer shall be to:
A. 
Approve and disapprove zoning permits and certificates of compliance.
B. 
Scale and interpret zone boundaries on the Zoning Map.
C. 
Refer appropriate matters to the Board of Appeals, Planning Board or Town Board.
D. 
Revoke zoning permits or certificates of compliance where there is false, misleading or insufficient information or where the applicant has varied from the terms of the application.
E. 
Investigate violations, issue stop-work orders and appearance tickets and refer violations to the Town Justice or the Town Board.
F. 
Report at regular Town Board meetings the number of zoning permits and certificates of compliance issued.
A. 
A Zoning Board of Appeals is hereby created pursuant to Town Law § 267. The Board of Appeals shall have all the power and duties prescribed by Town Law § 267-b and by this chapter, which are more particularly specified as follows:
(1) 
Interpretations: upon appeal from a decision by the Zoning Officer, to decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any zone boundary.
(2) 
Variances: upon appeal from a decision by the Zoning Officer, or upon referral by the Planning Board, to vary the strict application of any of the requirements of this chapter.
B. 
All applications for interpretations and variances shall be made and reviewed in compliance with the administrative regulations established by the Zoning Board of Appeals.
A. 
Whenever a violation of this chapter occurs any person may file a complaint in regard thereto. All such complaints shall be in writing and shall be filed with the Zoning Officer, who shall properly record and immediately investigate such complaint. If the complaint is found to be valid, the Zoning Officer shall issue a stop-work order requiring all work to cease until the violation is corrected. If the violation is not corrected within the specified time, the Zoning Officer shall take action to compel compliance.
B. 
Pursuant to Criminal Procedure Law § 150.20, Subdivision 3, the Zoning Officer is hereby authorized to issue an appearance ticket to any person causing a violation of this chapter and shall cause such person to appear before the Town Justice.
C. 
Pursuant to Municipal Home Rule Law § 10 and Town Law § 268, any person, firm or corporation who commits an offense against, disobeys, neglects or refuses to comply with or resists the enforcement of any of the provisions of this chapter shall, upon conviction, be deemed guilty of a violation and subject to fine and/or imprisonment. Any violation of this chapter is 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 $750 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.
D. 
The Town Board may maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of this chapter.