The Town Board shall appoint an Enforcement Officer to carry
out specific administrative functions as designated in this chapter,
and to enforce this chapter. The duties of the Enforcement Officer
shall include the following:
A. Issue and deny zoning permits and certificates of compliance in accordance
with this chapter;
B. Scale and interpret district boundaries on Zoning Maps;
C. Inspect and certify that the regulations of this chapter have been
adhered to;
D. Refer appropriate matters to the Zoning Board of Appeals, Planning
Board, or Town Board.
E. Revoke zoning permits where there is false, misleading or insufficient
information;
F. Revoke zoning permits and certificates of compliance where the applicant
has not complied with the provisions of the approved application;
G. Investigate violations and complaints of violations of this chapter,
issue stop-work orders and refer violations to the Town Justice, or
the Town Board;
H. Assist in the prosecutions of violations.
[Amended 2-14-2005 by L.L. No. 1-2005]
The following activities shall require a zoning permit unless
otherwise specifically exempted in this chapter, provided that there
shall be no more than one principal use permitted per lot; except
that on residential lots, the owner may be allowed additional structures
which would be used by other family members or relatives, provided
the additional structures meet all zoning regulations and are placed
to conform with a further potential subdivision of property:
A. Erection, re-erection or movement of a building or structure;
B. Change of the exterior structural dimensions of a building or structure;
C. Change in use of land, buildings or structures through the establishment
of a new use, or through the expansion or enlargement of an existing
use;
D. The resumption of any use which has been discontinued for a period
of 12 months or longer;
E. Establishment or change in dimensions of a parking area for nonresidential
or multifamily residential uses;
F. Placement of a sign as regulated in §
250-28 of this chapter;
The following activities shall not require a zoning permit,
and are exempt from the provisions of this chapter, except where otherwise
specified:
A. Exempt signs listed in §
250-28 of this chapter;
B. Interior structural alterations or routine maintenance and improvement
that does not expand the exterior dimensions of the structure (e.g.,
roofing, window replacement, siding replacement, etc.);
C. Minor accessory structures such as posts, sidewalks, driveways, flagpoles,
playground equipment, chimneys, etc.;
D. Nonstructural agriculture and forest management uses;
E. Silos, corn cribs and other similar agricultural accessory uses (exclusive
of barns);
Fees required under this chapter will be determined from time
to time by the Town Board pursuant to resolution and are to be paid
at the time of application. No zoning permit shall be issued until
full payment has been received by the Town Clerk.
The applicant shall display the zoning permit on the building,
structure or site in such a manner that it is visible to the public
until such time as a certificate of compliance is issued or the zoning
permit expires.
When establishing measurements to meet the required yard sizes,
or use or structure setbacks, the measurements shall be taken from
the road right-of-way line, lot line or nearest high-water elevation
to the point attached to the structure which is closest to the point
to which measurement is being made. This shall include such projecting
facilities as cornices, chimneys, eaves, porches, carports, attached
garages, etc.
A zoning permit shall expire six months from the date of issue
unless substantial progress has been made towards carrying out the
terms of the zoning permit. The applicant shall have two years to
complete the terms of the zoning permit, or all work shall cease at
the site. An extension may be allowed by the Enforcement Officer upon
proof of necessity submitted by the applicant due to conditions unusual
or beyond the control of the applicant.
[Amended 3-14-2005 by L.L. No. 2-2005]
A. The Board of Appeals shall consist of five members as set forth in
§ 267 of the Town Law, or in the alternative the Town Board
may enter into an agreement pursuant to Article 5-G of the General
Municipal Law and § 284 of the Town Law to establish a cooperative
Board of Appeals. In the event of a cooperative Board of Appeals,
membership shall be as per the contractual agreement and may otherwise
vary from provisions of § 267 of the Town Law as may be
set forth in that agreement.
B. The powers of the Board of Appeals shall be to interpret this chapter
and to grant area variances and use variance in accordance with the
standards set forth in § 267-b of the Town Law and as may
be otherwise provided by law.
C. The procedure before the Board of Appeals shall be in accordance
with § 267-a of the Town Law except as may be specifically
modified by intermunicipal agreement should the Town elect to enter
into a cooperative Board of Appeals, in which event such procedures
shall be strictly governed by the intermunicipal agreement.
D. This chapter specifically supersedes those provisions of § 267
of the Town Law requiring that there be three or five members of the
Board of Appeals, that the terms be staggered, that the Town Board
select the Chairman, and the voting power of members of the Board
of Appeals in the event that the Town should enter into an intermunicipal
agreement pursuant to § 284 of the Town Law and Article
5-G of the General Municipal Law, in which event the intermunicipal
agreement shall govern those factors.
In accordance with this chapter, the Planning Board shall have
the power to approve, approve with modifications, or disapprove site
plans and special use permits. The Planning Board shall give advisory
opinions when requested by the Zoning Board of Appeals or the Town
Board. The Planning Board shall abide by any rules and regulations
adopted by the Town Board.