The duty of administering and enforcing the provisions of this
chapter is hereby conferred upon the Codes and Zoning Enforcement
Officer (CZEO), who shall be appointed by the Town Board.
A.
Administer the Zoning Law. The CZEO shall review all applications
for building permits and, if the requirements for such permit are
met, he shall issue a permit. If the applicant's plans do not
meet the Zoning or Building Code requirements, he shall deny the permit.
B.
Referral to the Zoning Board of Appeals. An applicant after being
denied a building permit; or any aggrieved person, or any officer,
department or board of the Town, may appeal the CZEO's findings
to the Zoning Board of Appeals for an interpretation or variance.
Should an appeal be requested the CZEO shall notify the Zoning Board
of Appeals of the request and forward all necessary supporting information.
C.
Referral to Town Planning Board. The CZEO shall forward any application
that requires site plan approval to the Planning Board along with
all supporting information.
D.
Referral to Town Board. The CZEO shall forward any application that
requires a special use permit to the Town Board along with all supporting
information.
E.
Cite zoning violations. For any plans, construction, building, use
or premise found in violation of this chapter, including any violation
of any approved site plan, the CZEO shall order the responsible party,
in writing, to remedy the conditions. The CZEO shall have the authority
to secure from the Town Justice a stop order to restrain the continuance
of the violation.
F.
Report to Town Board. The CZEO shall issue a monthly report to the
Town Board describing and enumerating actions taken and permits issued.
A.
In addition to any inspections that are authorized pursuant to Chapter 77 of the Town Code or the Uniform Code, the CZEO may inspect properties to determine compliance with this Zoning Law and any conditions in a building permit.
B.
Whenever the CZEO has reason to believe that there is noncompliance
with the Zoning Law or any approval, order, permit or agreement issued
thereunder he/she or his/her duly appointed agent is authorized to
conduct inspections that are reasonably necessary to determine the
source of the noncompliance.
C.
Prior to any such inspection on private property, the CZEO will attempt
to obtain consent to conduct the inspection from the occupant of the
property or, in the event the property is unoccupied, from the owner.
In the event the CZEO is unable to obtain such consent, he/she will
consult with the attorney for the Town (or such other attorney retained
by the Town) to determine what steps are necessary to obtain access
legally.
D.
Upon completion of the inspection, the CZEO will prepare a report,
a copy of which will be sent to the Town Board and the attorney for
the Town.
A.
The Town of Inlet's Planning Board consists of five members.
In order to permit the Planning Board to operate more efficiently
and not be delayed by reason of one or more members having a conflict
of interest, or absences due to illness, vacation or other causes,
the Town Board shall have the authority to appoint two alternate members.
Alternate members of the Planning Board shall be appointed by resolution
of the Town Board of the Town of Inlet for a term established by the
Town Board and to serve when designated to participate in a matter
by the Chairperson of the Planning Board. The alternate member or
members designated to serve on a matter shall serve during the entire
course of that matter, whether the original Planning Board member
returns from his absence.
B.
The Town Board may select a chairperson of the Planning Board, or
on failure to do so, the Planning Board shall elect a chairperson
from its own members.
C.
The Planning Board shall adopt rules or bylaws for its operation.
D.
The Town Board shall provide an appropriation to the Planning Board
to cover necessary expenses including the means for the Planning Board
to maintain a written record of its meetings and public hearings.
E.
The existing Planning Board, as currently constituted as of the date
of this chapter, shall continue.
The Planning Board shall have the following powers and duties
with respect to this chapter:
A.
Review and approval of site plans in accordance with the standards
and procedures set forth herein.
B.
Submittal of an advisory opinion to the Town Board for any proposed
amendment to this chapter.
C.
On the request of the Town Board, or on its own initiative, submittal
of an advisory opinion to the Town Board in any matter relating to
planning and zoning.
D.
Any other powers and duties as specified elsewhere in this chapter.
A.
Meetings shall be held at such meeting times as the Board may determine,
or at the call of the chairperson.
B.
A quorum shall consist of a majority of its members, but any motion
or resolution, including any decision to approve or disapprove a site
plan, shall require for its adoption an affirmative vote of at least
a majority of the entire membership.
C.
The Board shall keep minutes of its proceedings.
D.
All meetings and hearings of the Board shall be public. Every decision
or determination shall be in writing, shall be filed in the office
of the Town Clerk.
A.
The Town Board shall appoint a chairperson of the Zoning Board of
Appeals. In the absence of a chairperson, the Zoning Board of Appeals
may designate a member to serve as acting chairperson.
B.
The Zoning Board of Appeals may adopt rules or bylaws for its operation.
C.
A member of the Planning Board having a conflict of interest shall
abstain from any discussion or voting on that matter.
D.
The Town Board shall provide an appropriation to the Zoning Board
of Appeals to cover necessary expenses, including the means for the
Board to maintain a written record of its meetings and public hearings.
E.
The existing Zoning Board of Appeals, as currently constituted as
of the date of this chapter, shall continue.
The Zoning Board of Appeals shall have the following powers
and duties with respect to this chapter:
A.
Review and decide on requests for variances to this chapter.
B.
Hear and render a decision on appeals to a decision made by the Codes
and Zoning Enforcement Officer.
C.
Upon appeal of a decision by the Codes and Zoning Enforcement Officer,
decide any question involving interpretation of any provision of this
chapter, or the location of any district boundary line on the Zoning
district map.
D.
Upon request of the Planning Board relating to a matter pending before
it, provide an interpretation of any provision of this chapter, including
a determination of whether any use, building, lot, setback or sign
is entitled to nonconforming status.
A.
The Zoning Board of Appeals shall hold meetings at the call of the
chairperson, or at the request of a majority of its full membership.
B.
The presence of a majority of its full membership shall constitute
a quorum for the conduct of business before the Board. A concurring
vote of a majority of its full membership shall be necessary to act
on any application for variance or appeal.
C.
A member of the Zoning Board of Appeals having a conflict of interest
shall abstain from any discussion or voting on that matter.
D.
The Zoning Board of Appeals may request and obtain any advice or
opinions on the law relating to any matter before the Board from its
own attorney, and may request its own attorney to attend its meetings.
E.
The Zoning Board of Appeals may require the Codes and Zoning Enforcement
Officer to attend meetings as needed in order to present any facts
relating to any matter before the Board.
F.
All meetings of the Zoning Board of Appeals shall be open to the
public.
G.
The Zoning Board of Appeals shall keep minutes of all of its meetings.
The Town Board shall provide a secretary for the Zoning of Board of
Appeals.
H.
The Zoning Board of Appeals shall make factual record of all its
proceedings.
I.
Every decision or determination of the Zoning Board of Appeals shall
be in writing, and shall be filed in the office of the Town Clerk.
A.
The Town Board may amend by supplementing, or repealing, provisions
of this chapter and the Zoning Map after public notice, public hearing,
and required referrals in accordance with the governing statutes.
B.
The Town Board, by resolution, shall fix the time and place of public
hearing on the proposed amendment and shall cause notice to be given
as follows:
(1)
By publishing a notice at least 10 days in advance in the official
newspaper of the Town.
(2)
By referring the proposed amendments to each town and village within
500 feet of the Town of Inlet boundaries, and to any state park commission
whose property lies within the Town or within 500 feet of its boundaries.
C.
Procedure. The procedure as to the notice of a public hearing on
an enactment of a proposed amendment shall follow and be governed
by Section 265 of the Town Law, and Section 239-m of the General Municipal
Law, including all subsequent amendments thereto. The procedure shall
also comply with the provisions of the State Environmental Quality
Review Act (SEQRA) under Article 8 of the Environmental Conservation
Law.
