The Code Enforcement Officer is hereby appointed by the Town
Board as the designated approval authority as it pertains to the issuance
of a certificate of zoning compliance. A certificate of zoning compliance
shall be obtained by an owner who intends to construct, enlarge, move,
demolish and/or structurally alter a building, sign and/or structure.
In addition, such certificate shall be obtained by an owner who intends
to change the use of a building, land and/or structure. Exemption(s):
A.
The granting of an area variance(s) shall be equivalent to the issuance
of a certificate of zoning compliance.
B.
The granting of a building permit shall be equivalent to the issuance
of a certificate of zoning compliance.
C.
The granting of a special use permit shall be equivalent to the issuance
of a certificate of zoning compliance.
D.
The granting of a use variance(s) shall be equivalent to the issuance
of a certificate of zoning compliance.
E.
The installation of exempt signs.
F.
The installation of landscaping.
G.
The maintenance and/or repair of buildings, land, signs and/or structures.
H.
The replacement of a sign face(s) at a sign.
The application for a certificate of zoning compliance shall
be submitted within a reasonable amount of time but no greater than
10 business days to the designated approval authority for any action
that must be performed in an emergency situation.
When more than one certificate of zoning compliance is required
for the same location, the designated approval authority is authorized
to consolidate such certificates into a single certificate of zoning
compliance, provided that each provision is listed in such certificate.
An applicant applying for a certificate of zoning compliance
shall submit a complete application to the designated approval authority,
along with any applicable fee and payment of incurred costs. Such
application shall be in writing on a form furnished by the Town for
that purpose. At a minimum, such application shall contain all of
the following:
A.
The owner's name and address, and the owner's signed consent
to the filing of this application;
B.
Identify and describe the use and/or scope of work to be covered
by the certificate of zoning compliance for which application is made;
C.
Description of the land on which the proposed use and/or scope of
work is to be done by legal description, address or similar description
that will readily identify and definitely locate the proposed use
or scope of work;
D.
A site plan; and
E.
Give such other data and information as required by the designated
approval authority.
A.
The application for a certificate of zoning compliance shall be accompanied
by a site plan showing the size and location of proposed scope of
work as well as the distances from lot lines. The designated approval
authority is authorized to waive or modify the requirement for a site
plan when the application for certificate of zoning compliance is
for an action where such plan is not warranted.
B.
The owner is responsible to ensure that the work authorized by a
certificate of zoning compliance is in compliance with the site plan.
The designated approval authority does not perform inspections nor
survey work as it pertains to the work authorized by a certificate
of zoning compliance.
A.
General. The designated approval authority shall examine applications
for a certificate of zoning compliance and amendments thereto within
a reasonable time after filing. If the application or any attached
documents do not conform to the requirements of this chapter, the
designated approval authority shall reject such application in writing,
stating the reasons for such rejection. If the designated approval
authority is satisfied that the proposed use and/or scope of work
conform to the requirements of this chapter, the designated approval
authority shall issue a certificate of zoning compliance as soon as
practicable.
B.
Qualified consultants. The designated approval authority may refer
an application for a certificate of zoning compliance and amendments
thereto to a qualified consultant(s) for a recommendation of acceptability.
The cost of such review shall be at the expense of the applicant.
Uses and/or work shall be operated and/or installed in accordance
with permitted action prescribed in the certificate of zoning compliance,
and any changes that are not in compliance with such certificate shall
be submitted as an amended application if such action is warranted
by the designated approval authority. Such authority is authorized
to waive the submission of an amended application when the change
is:
The designated approval authority may include in a certificate
of zoning compliance such terms and conditions as he or she deems
necessary or appropriate to ensure safety or to further the purposes
and intent of this chapter.
The issuance of a certificate of zoning compliance shall not
be construed to be an approval of a violation of any of this chapter.
Certificates presuming to give authority to violate or cancel the
provisions of this chapter shall not be valid. The issuance of a Certificate
of zoning compliance based on a submitted application and other data
shall not prevent the designated approval authority from requiring
the correction of errors in such application and/or data. The designated
approval authority is also authorized to prevent occupancy of a structure
or use of a land where it is in violation of this chapter.
A certificate of zoning compliance shall not expire unless the
use of land or scope of work proposed in the application is not operated
or completed within one calendar year from the date of issuance. The
designated approval authority is authorized to grant, in writing,
one or more extensions of time, for periods not more than one calendar
year each. The extension shall be requested by the owner and justifiable
cause demonstrated.
A certificate of zoning compliance is transferable due to the
fact that such certificate "runs with the land" since it applies to
a use and/or work at a lot of record, which is not contingent on ownership.
The designated approval authority is authorized to revoke a
certificate of zoning compliance issued under the provisions of this
section when it is found by inspection or otherwise that there has
been a false statement or misrepresentation as to the material facts
in the application or documents on which such certificate was based,
including, but not limited to, any one of the following:
A.
The certificate of zoning compliance is used for a use or scope of
work other than that for which it was issued.
B.
Conditions and/or limitations set forth in the certificate of zoning
compliance have been violated or not satisfied.
C.
There have been any false statements or misrepresentations as to
the material fact in the application for certificate of zoning compliance
or any attached documents.
D.
The owner failed, refused or neglected to comply with orders or notices
duly served in accordance with the provisions of this chapter within
the time provided therein.
E.
The certificate of zoning compliance was issued in error or in violation
of this chapter.
