Town of Elma, NY
Erie County
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Table of Contents
Table of Contents
Before any person, persons or corporations shall erect, construct, alter or commence to erect, construct or alter any building or structure within the Town of Elma, the person, persons or corporations intending or desiring to erect, construct or alter shall first apply for and obtain from the Building Inspector a permit and shall pay for said permit, as prescribed in the Building Code,[1] except as set forth under § 144-65 covering customary agricultural purposes. All applications for building permits shall be in writing and shall contain the following information duly sworn to by the owner of record of the real estate or his agent for which such permit is sought, on forms furnished by the Town, as provided under the Building Code of the Town of Elma, as amended from time to time and shall state:
The nature of the permit sought and definite purposes with the nature of the building or proposed building.
The size and location of the property and building.
A description of deed restrictions, if any.
An agreement to comply with the terms of the permit, the laws of the State of New York, the Town ordinances, the rules and regulations of the County and Town Health Department and all rules and regulations of the various departments of the Town and State of New York, to preserve the established building line, to give full information to the Building Inspector and not to use or permit to be used the structure or structures covered by the permit until sanitary facilities are completely furnished.
Such other information as the Building Inspector or Zoning Enforcement Officer, the Zoning Board of Appeals or the Town Board may require, except as set forth under § 144-65, relating to farm buildings.
Editor's Note: See Ch. 52, Building Construction.
Before a building permit is issued, driveway culvert shall be installed, the building staked out and a copy of a certified survey submitted with the application for a building permit.
All building permits issued for any construction upon which work shall not have been substantially completed will automatically expire and become void after one year from the date of issue.
Where permits are issued and a building constructed, a certificate of occupancy will be issued without charge by the Zoning Enforcement Officer, provided that the use of the building so constructed agrees with the permit, and further provided that all requirements of the Erie County Health Department have been complied with. A certificate of occupancy must be withheld if sanitation requirements are not met in accordance with the purposes and intent of such requirements. A certificate of occupancy is required before a new building may be occupied and for continued occupancy of a remodeled building.
Where a permit is acquired for the erection of a building for one purpose and it is to be used for a different purpose after it is constructed, approval must be obtained from the Town Board which will direct the Zoning Enforcement Officer as to issuance or rejection of the certificate of occupancy.
No building permit shall be issued on any lot that does not have the required frontage on a road accepted by the Town and included on the Official Zoning Map, except as provided in § 280-a of the Town Law.
A lot which complies in dimension with the provisions of the zone shall be deemed to comply with any later re-upgrading in zoning. Any lot approved by the Town Board and Planning Board on a subdivision map shall be deemed to comply with lot dimension requirements.
No building permit may be issued that will allow more than four residences, including prezoning residences, on lots divided from one plot until and after subdivision plans are approved by the Planning Board and the Town Board. See Town of Elma Subdivision Regulations.[1]
Editor's Note: See Ch. 123, Subdivision of Land.
Any and all corner lots must be not less than 120 feet in width by the depth required for the area classification. Side setback or corner lots may be approved by the Zoning Enforcement Officer at not less than 50 feet from the side road line.
No building permit shall be issued for an accessory structure until the main or principal structure or building is 50% completed.
Use permits shall be required for all uses enumerated in §§ 144-72 and 144-87 of this chapter.
[Added 10-1-2008 by L.L. No. 5-2008]
General provisions.
A use listed as requiring a special use permit shall not be presumed to be an allowable use. It shall be the responsibility of the petitioner for a special use permit to prove to the satisfaction of the Town that the items listed in this section and under the section of that particular special use are met. These uses are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered on an individual case.
No special permit shall be authorized by the Town unless, in addition to other requirements specified in this chapter, it finds that such special permit:
Will be in harmony with the general purposes and intent of this chapter.
Will not create a hazard to health, safety, or the general welfare.
Will not alter the essential character of the neighborhood nor be detrimental to the residents thereof.
Will not otherwise be detrimental to the public convenience and welfare.
In authorizing any special permit, the Town Board may prescribe appropriate conditions to minimize adverse effects on the character of the surrounding area and to safeguard the public health, safety, or general welfare.
Application procedure.
Applications for special use permits shall be acted on by the Town Board after a public hearing.
A plan or the proposed development of a site for a permitted special use shall be submitted with an application for a special use permit, and such plan shall show the location of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping, and other pertinent information that may be necessary to determine if the proposed special use meets the requirements of this chapter.
If a special use permit is granted, the applicant will then proceed with site plan approvals and with any other required approvals or permits.
Penalties for offenses.
In the event of any violation of a special use permit, the Town may seek enforcement under any available authority, including but not limited to Town Law § 268.
Any use receiving a special use permit that subsequently does not meet the requirements and/or conditions of that permit or this chapter shall be subject to fines under the Town Law and shall have its permit revoked, and the use shall be terminated within 90 days of notification by the Town.
Expiration. A special use permit shall be deemed to authorize only one particular use and shall expire if the special use shall cease for a period of more than one year.