A.
Permit required. No structure shall be erected, constructed, enlarged,
altered or moved and no land or structures shall be used until a zoning
permit has been issued by the Code Enforcement Officer. No zoning
permit shall be authorized or issued for a use subject to special
permit or site plan until approval has been obtained.
B.
Fees.
(1)
Fees shall apply for required or authorized zoning procedures.
(2)
The applicant shall be responsible for reasonable and necessary
costs incurred by the Town for professional engineers, planners, architects
or attorneys during the subdivision, site plan or permit application
review process.
[Amended 11-12-2019 by L.L. No. 4-2019 (Res. No. 160-2019)]
(3)
Audit. The Town Board shall review and audit all vouchers and
shall approve payment only of such engineering, legal and consulting
expenses as are reasonable in amount and necessarily incurred by the
Town in connection with the review and consideration of applications
for land use or development approvals. For the purpose of this review
and audit, a fee shall be reasonable in amount if it bears a reasonable
relationship to the average charge by engineers, attorneys or other
consultants to the Town for services performed in connection with
similar applications and, in this regard, the Supervisor may take
into consideration the complexity, both legal and physical, of the
project proposed, including, but not limited to, the extent to which
the Town's review and consideration of an application is subject to
laws and regulations beyond the Code of the Town of Southport, New
York State Town Law and New York State General Municipal Law, potential
traffic impacts, the size, type, and number of structures and associated
improvements to be constructed, the amount of time to complete the
project, the topography of the land on which such project is located,
potential visual impacts to properties located within one mile of
the proposed development, soil conditions, surface water, drainage
conditions, the nature and extent of highways, drainage facilities,
utilities or parks to be constructed and special conditions or considerations
as are relevant. A fee or part thereof is necessarily incurred if
it was charged by the engineer, attorney, or consultant for a service
which was rendered in order to protect or promote the health, safety,
or other vital interests of the residents of the Town relative to
the foregoing factors, to protect the Town's legal interests and such
other interests as the Town may deem relevant.
[Added 11-12-2019 by L.L.
No. 4-2019 (Res. No. 160-2019)]
C.
Exceptions. Anything in this chapter to the contrary notwithstanding,
no zoning permit shall be required for a repair that does not require
a building permit and does not exceed 25% of the fair market value.
D.
Notice required. Before undertaking any repair authorized by the
foregoing subsections, the property owner or occupant shall file with
the Code Enforcement Officer of the Town a notice setting forth, in
general, the nature and extent of such proposed repair and the estimated
cost thereof.
E.
Permit procedure.
(1)
Application for zoning permit. Any such application for a zoning
permit shall be made in duplicate, shall state the use and occupancy
proposed and shall be accompanied by 10 copies of all plans, drawn
to scale, showing the actual shape and dimensions of the lot to be
built upon, the exact size and location on the lot of all structures
to be built on the lot and of any structures that are to remain, the
nature of any proposed alteration, extension, removal, demolition
or structural change, the proposed excavation or grading in connection
with such building, the existing and intended use of each structure
or part thereof and of any separate use of the land, the number of
families the building is designed to accommodate, the estimated cost
of any structure or improvement, and such other information with regard
to the application that may be necessary to determine compliance and
provide for enforcement of this chapter. If approval is required from
the County Health Department or other agency for any such proposed
work, such approval shall be obtained in writing and submitted along
with the application for a zoning permit.
(2)
Prior building permits. Any building, extension or alteration
for which a building permit has been duly granted, the construction
of which has been started before the effective date of this chapter
or of an amendment thereto, may be completed in accordance with plans
on file with the Code Enforcement Officer, provided that such construction
is diligently prosecuted and the building is completed within two
years of the date of the issuance of the permit therefor. If any of
the requirements shall not have been fulfilled within the prescribed
period or if the building operations are discontinued for a period
of six months, any other construction shall be in conformity with
the provisions of this chapter.
(3)
Amendments to permits.
(a)
Any amendments to the building permit or to the plans and specifications
accompanying the same must be filed at a time prior to the commencement
of the work on said proposed changes and subject to the approval of
the Code Enforcement Officer. If the change involves a change in the
site plan, the applicant shall gain approval from the Planning Board.
(b)
No building permit shall be issued for any building where the
site plan of such building is subject to approval by the Planning
Board, and the building shall be in conformity with the plans approved
by said Board.
(4)
Approval.
(a)
The Code Enforcement Officer, after determining that such proposed
work, use and occupancy are in compliance with all provisions of this
chapter and other applicable ordinances and codes, may approve any
such application and issue a zoning permit in connection therewith.
An order from the Board of Appeals varying the application of any
provisions of this chapter shall be acceptable in lieu of compliance
with said provisions. The Code Enforcement Officer shall return to
the applicant one copy of such application and plans, endorsed as
approved.
(b)
Such zoning permit shall, among other things, briefly describe
the premises, the nature of the improvement, the estimated cost and
the intended use or purpose to be made of the improvement and premises.
It shall bear the date of issuance and be signed by the Code Enforcement
Officer. No building, land or premises shall be used for any purpose
other than that stated in the permit.
(c)
The Code Enforcement Officer, if he determines that such proposed
work, use and occupancy are not in compliance with all provisions
of this chapter and other applicable ordinances and codes, shall disapprove
such application and shall return to the applicant one copy of such
application and plans endorsed as disapproved with the reasons stated
in writing thereon.
(5)
Expiration, extension, and rescission.
(a)
Every zoning permit issued shall become void after the expiration
of one calendar year immediately following the date of issuance, and
any further work on any premises after the expiration date or extension
period of such zoning permit has passed shall constitute a violation
of this chapter. Prior to such expiration date, the applicant may
either apply to the Code Enforcement Officer for a new zoning permit
or for an extension of the expiration date of the original permit.
(b)
The Code Enforcement Officer may, for just cause, extend the
expiration date of any zoning permit for a reasonable time period
and may attach reasonable conditions to such extension relating to
the work involved or situations that exist as a result of the work.
(c)
Rescission of permits. The Code Enforcement Officer may, for
just cause, rescind a zoning permit which he has issued. Where, in
the opinion of the Town Board, any zoning permit hereafter issued
by the Code Enforcement Officer was improperly or unlawfully issued
or was procured through fraud or deception, the Town Board shall direct
the Code Enforcement Officer to rescind the same.
(6)
Inspection; right of entry.
(a)
The Code Enforcement Officer or a duly authorized deputy shall
have the right to enter upon any land at any reasonable hour in the
course of his duties.
(b)
Location of buildings to be staked before construction. The
building location on the lot shall be staked out on the ground before
construction is started so that the Code Enforcement Officer may determine
by measurement on the lot that the yard requirements for the district
in which the use is located are met.
(c)
The Code Enforcement Officer shall inspect or cause to be inspected
any building, structure or portion thereof after completion of any
work for which a zoning permit was issued and be assured that all
plans as approved are complied with before issuing a certificate of
occupancy.
(7)
Appeals. Any person allegedly aggrieved as a result of an action
by the Code Enforcement Officer in regard to a zoning permit may appeal
to the Board of Appeals.
(8)
Permit approval affected by proposed zoning amendments. Whenever
the Town Board, by resolution, authorizes a public hearing on a proposed
amendment to this chapter, and for a period of 60 days following the
date of such resolution, no building or structure shall be erected,
enlarged or altered and no permit shall be issued for the erection,
enlargement or alteration of any building of structure or for the
occupancy of any land or building in any manner that would be contrary
to the provisions of the proposed amendment if adopted by the Town
Board.
F.
Zoning permits to be conditional. Every zoning permit issued shall
be conditioned upon continued compliance with all of the requirements
upon which the same was issued or which were imposed in connection
with any site plan approval, variance, special permit or otherwise;
and in the event of noncompliance, the Code Enforcement Officer shall
rescind the zoning permit.
G.
For any application for a zoning permit that meets the definition of land development activities, as such are defined in § 452-4, the applicant is required to submit a stormwater pollution prevention plan (SWPPP) and otherwise comply with the provisions of Chapter 452, Stormwater Management, Erosion and Sediment Control.
A.
Certificate of occupancy required. It shall be unlawful for any person
to use or permit the use of any building or premises or part thereof
hereafter erected, relocated, altered, repaired, converted or extended,
to change the use of an existing building or part thereof or to occupy
or use land or to change the use of land for other than tilling the
soil until a certificate of occupancy shall have been issued by the
Code Enforcement Officer.
B.
Application and approval of certificate of occupancy. It shall be
the duty of the Code Enforcement Officer to issue a certificate of
occupancy, provided that he has determined by inspection that the
building and the proposed use of the building or land conform with
all the requirements herein set forth. Such certificate shall state
that such building or premises or part thereof and the proposed use
thereof specifically described in the certificate are in complete
conformity with the provisions of this chapter or any approvals under
the Town Code. In case the Code Enforcement Officer shall refuse to
issue a certificate of occupancy, his reasons shall be stated, in
writing, on the application, and one copy thereof shall be returned
to the applicant.
C.
Temporary certificate of occupancy. Pending the issuance of a certificate
of occupancy, a temporary certificate of occupancy may be issued by
the Building Inspector/Code Enforcement Officer for a period not exceeding
90 days, renewable for two consecutive periods not exceeding 30 days
each, during the completion of construction or alteration of any building.
Such temporary certificate shall not be construed as in any way altering
the respective rights, duties or obligations of the owner or of the
Town respective to the use or occupancy of the land or building or
any other matter covered by this chapter, and such temporary certificate
shall not be issued except under such restrictions and provisions
as outlined by the Building Inspector as will adequately assure the
safety of the occupants of the building and of adjacent buildings
and land.
D.
Copies of certificates; existing uses. The Code Enforcement Officer
shall maintain a record of all certificates, and copies shall be furnished,
upon request, to any person having a proprietary or tenancy interest
in the building affected. Upon written request from the owner and
by payment by him to the Town of the fee specified, the Code Enforcement
Officer shall issue a certificate of occupancy for any building or
premises existing at the time of the enactment of this chapter, certifying,
after inspection, that the extent and kind of use and disposition
conforms with the provisions of this chapter.
E.
Fees. Each application for a certificate of occupancy shall be accompanied
by a fee according to the schedule as adopted by resolution of the
Town Board.
F.
Appeals. Any person allegedly aggrieved by an action of the Code
Enforcement Officer with regard to a certificate of occupancy may
appeal to the Board of Appeals.
G.
Uniform Code. In addition to the provisions of this section, all certificates of occupancy shall also be governed by the provisions of Chapter 245, Uniform Construction Codes. Where there is a conflict between the provisions of this chapter and Chapter 245, the more-restrictive provision shall apply.
