Town of Inlet, NY Article II Permits and Procedures

§ 160-6 Applicability to land use or development.

No land use or development shall be undertaken, maintained or altered except in conformity with all provisions contained in this chapter relating to both the zoning district and the land use area in which the land, water, site, structure or use is located, or is proposed to be located, and in conformity with the permit requirements of this chapter. Where this chapter is more restrictive than covenants or agreements between parties, or other plans, or the regulations of the Adirondack Park Agency, the provisions of this chapter shall control.

§ 160-7 Regulated uses.

A. No person shall undertake any of the following unless a Town of Inlet building permit has been issued by the Codes and Zoning Enforcement Officer pursuant to § 77-4 of the Code of the Town of Inlet.

(1) Construction of any new building or structure requiring a permit pursuant to § 77-4 of the Code of the Town of Inlet.

(2) Expansion or enlargement of any existing structure requiring a permit pursuant to § 77-4 of the Code of the Town of Inlet.

(3) Replacement of a mobile home located outside a mobile home park, except as allowed by § 108-7 of the Code of the Town of Inlet.

(4) Change in the use of a building or of land, except as provided in Subsections B and C of this section.

(5) Construction or enlargement of parking lots for nonresidential uses.

(6) Erection and placement of certain signs, as provided in Article VI herein.

B. The following activities do not require the issuance of a Town of Inlet building permit, but must meet the building setbacks and other requirements of this chapter.

(1) Home occupations, as defined herein.

(2) Erection and placement of certain signs, as provided in Article VI.

(3) Keeping of farm animals, as provided in § 160-61.

(4) Yard, porch, or garage sales, as provided in § 160-66.

(5) Fences: Refer to Fence Guidelines in the appendix.[1]

[1] Editor's Note: The Fence Guidelines are included at the end of this chapter.

C. This chapter does not regulate the following activities.

(1) Construction not requiring a permit pursuant to § 77-4 of the Code of the Town of Inlet.

(2) Expansion or enlargement of any existing structure not requiring a permit pursuant to § 77-4 of the Code of the Town of Inlet.

(3) Interior structural alterations, or routine maintenance and improvement, which does not expand the exterior dimensions of a structure.

(4) Landscaping or grading which is not intended to be used in connection with a land use reviewable under the provisions of this chapter.

(5) Nonstructural horticultural or gardening uses.

(6) The erection of chimneys, posts and other similar structures.

(7) Timber harvesting.

(8) Noncommercial sand or gravel extraction.

§ 160-8 Building permit types.

Under the terms of this chapter, the following classes of building permits may be issued.

A. As-of-right use. A building permit for an as-of-right use shall be issued by the Codes and Zoning Enforcement Officer upon determining the application is in compliance with the Uniform Code. (As-of-right permitted uses are shown with an "x" on Schedule B[1] of this chapter.)

[1] Editor's Note: Schedule B is included at the end of this chapter.

B. Allowed after site plan approval. Uses designated by the letter "S" on Schedule B herein are permitted uses but require site plan approval by the Planning Board. The Codes and Zoning Enforcement Officer shall issue a building permit after issuance of site plan approval by the Planning Board upon determining the application is in compliance with the Uniform Code, if applicable, and any conditions imposed by the Planning Board.

C. Allowed after a decision by the Zoning Board of Appeals. A building permit shall be issued by the Codes and Zoning Enforcement Officer after issuance of a variance by the Zoning Board of Appeals or as a result of a ruling on an appeal heard by the Zoning Board of Appeals upon determining the application is in compliance with both the Uniform Code, if applicable, and any requirements imposed by the Zoning Board of Appeals.

D. Allowed after approval of special use permit. A building permit shall be issued by the Codes and Zoning Enforcement Officer after issuance of a special use permit by the Town Board upon determining that the application is in compliance with the Uniform Code, if applicable, and any conditions imposed by the Town Board.

§ 160-9 Required information for application.

This section contains general submission requirements applicable to all applications for site plan approval, special use permits and variances. In addition to the requirements in this section, the applicant must submit information required in the relevant application form and the information required in the following sections, as applicable: site plan approval (major) (§ 160-72); special use permits (§ 160-78); variance applications (§ 160-83).

A. Map. Three copies of a plot plan map, drawn to scale. Such map shall contain sufficient information to enable the Codes and Zoning Enforcement Officer, the Planning Board, the Zoning Board of Appeals or the Town Board to make an informed decision. Such map shall show, as appropriate, dimensions and location of the lot, exact size and location of all existing and proposed buildings, proposed location of water and sewage disposal systems, parking areas, driveway location, watercourses, ponds, surface drainage patterns, flood hazard areas, and location of existing or proposed easements. In the case of an application for site plan approval, the applicant may submit a proposed site plan that conforms to the requirements of § 160-72 instead of the plot plan map.

B. Tax Map of parcel proposed for land use and development showing adjacent properties.

C. Property ownership or control. Evidence of property ownership or an agreement or option to purchase must be provided at the time of application. Alternatively, the applicant must provide evidence of the legal right to use the property and the owner's consent to file the application.

D. Licenses. Any use currently licensed by federal, state, county or Town agencies and already operating within the Town shall present evidence of currently valid licenses before any expansion permits are considered.

E. Environmental Assessment Form, Part I, if required by the New York State Environmental Quality Review Act.

F. Fee. The appropriate fee established by the Town Board in its fee structure shall be collected at the time of application.

§ 160-10 Fees.

Application fees shall be established by resolution of the Town Board.

§ 160-11 Issuance of building permits.

A. When all requirements of this chapter have been met, the Codes and Zoning Enforcement Officer shall issue a building permit and return one copy of the approved map to the applicant. One copy of the approved permit and approved map shall be filed in the Codes and Zoning Enforcement office. If the permit has been denied, the reasons for denial shall be stated in writing and returned to the applicant.

B. Building permits will include all conditions imposed as a result of site plan approval, special use permits issued and any variances that have been issued. The permit will remain in full force and effect and will be binding on the permittee and the owner of the property, if different, until a certificate of occupancy or compliance is issued pursuant to § 160-13 of this Zoning Law.

C. Where an activity requires a building permit but is not subject to the Uniform Code (e.g., where the construction of a structure is not involved) or where there are any conditions imposed on the building permit that must be complied with after completion of construction and issuance of a certificate of occupancy, the building permit will remain in full force and effect unless it expires or is otherwise modified, revoked or suspended. The terms of the building permit will bind the owner or operator so long as the affected property is being used for the approved use, regardless of whether there is any change in ownership or operational control.

D. To the extent that a condition is imposed on a discretionary approval that is intended to survive a change of use (e.g., an open space set aside), the terms of the condition or a memorandum thereof will be filed by the applicant in the office of the Clerk of Hamilton County with such records that would be searched in the ordinary course of business prior to a transfer of title. Proof of such filing will be presented to the board.

§ 160-12 Expiration of building permit.

A. Except as provided for in Subsection D, a building permit for any building for which construction has not been commenced 12 months after issuance, or for any use which has not been commenced 12 months after issuance, shall expire, and such building and/or use may not be established nor construction begun unless a new permit has been issued.

B. For purposes of this section, a use shall be considered as having been commenced when merely the following have been undertaken: digging of soil test pits, performing soil percolation tests and other minor site inspections, the staking of lots, or the securing of other approvals or permits required by law.

C. Once a building permit for any building or use is revoked or has expired, construction shall cease and the use shall not be established.

D. Prior to the expiration of a building permit under this section, the holder of the permit may apply for an extension of up to six months based on a showing that there is good cause for the delay and no changed circumstances. The application for an extension must be made to and approved by all boards that granted a discretionary approval. In the event that no such discretionary approval was involved, the holder must apply to and receive approval from the Codes and Zoning Enforcement Officer. Up to two consecutive extensions of six months may be granted.

§ 160-13 Certificate of occupancy or compliance.

No person shall occupy or use a structure or area of land requiring a building permit until a certificate of occupancy or compliance has been issued by the Codes and Zoning Enforcement Officer. The applicant shall notify the Codes and Zoning Enforcement Officer to perform all required inspections, as noted on the building permit, and to perform a final inspection after any outstanding issues have been resolved and the building or structure is ready for a final inspection. If satisfied that the applicable state and local regulations pertaining to the project have been complied with and that the project has been completed as specified on the approved application, the Codes and Zoning Enforcement Officer shall issue a certificate of occupancy or compliance granting permission to occupy or use the structure.