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