[Amended 6-27-1988 by L.L. No. 3-1988]
The Town Board shall provide for the services
of a Zoning Administrator and/or Building Inspector. The Zoning Administrator
and/or Building Inspector are hereby given the duty, power and authority
to enforce the provisions of this chapter. They shall examine all
applications for permits, issue permits for the construction, alteration,
enlargement and occupancy of all uses which are in accordance with
the requirements of this chapter and all nonconforming uses, record
and file all applications for permits with accompanying plans and
documents and make such reports as may be required.
[Amended 6-27-1988 by L.L. No. 3-1988]
A.
Zoning permits for a variance from the requirements of this chapter and for such special uses as may be enumerated in Article IV hereof shall be issued only upon written order of the Zoning Board of Appeals.
B.
Purpose. To ensure compliance with the provisions
of this chapter, no person shall erect, alter or convert any structure
or building or part thereof nor alter the use of any land subsequent
to the adoption of this chapter until a zoning permit has been issued
by the Zoning Administrator and/or Building Inspector. Zoning permits
may be valid for a limited period of time for special uses of a temporary
nature as set forth herein and for other uses as may be regulated
by the Zoning Board.
C.
Water supply and sewage disposal. All water supply
and sewage disposal installations shall conform to the New York State
Department of Health regulations.
D.
For principal permitted uses. All such applications
shall be accompanied by plans, in duplicate, drawn to scale, showing
the actual shape and dimensions of the lot to be built upon, the exact
size and location of any building, sign, parking or loading area or
other physical feature existing and the intended use of each building
or part of a building, the number of families, dwelling units, employees,
offices or other appropriate units of occupancy which the building
is designed to accommodate and such other information as may be necessary
to determine compliance with this chapter. One copy of such plans
shall be returned to the owner when such plans shall be approved,
and one copy each of all applications, with accompanying plans and
documents, shall become a public record after a permit is issued or
denied.
E.
For special uses. All such applications shall be accompanied
by plans and such other information as may be required by the Zoning
Board, except that for planned development groups the following shall
be furnished:
(1)
A general development plan showing the use or uses,
dimensions and locations of proposed structures and of areas to be
reserved for vehicular and pedestrian circulation, parking, public
uses such as schools and playgrounds, landscaping and other open spaces
and architectural drawings and sketches demonstrating the design and
character of the proposed uses and such other pertinent information
as may be necessary to a determination that the contemplated arrangement
or use makes it desirable to apply regulations and requirements differing
from those ordinarily applicable under this chapter.
F.
Issuance of permits.
(1)
It shall be the duty of the Zoning Administrator and/or
Building Inspector to issue a zoning permit, provided that they are
satisfied that the structure, building, sign, parking area and the
proposed use conform to all requirements of this chapter and that
all other reviews and actions, if any, called for in this chapter
have been complied with and all necessary approvals secured therefor.
(2)
All zoning permits shall be issued in duplicate, and
one copy shall be kept conspicuously on the premises affected and
protected from the weather whenever construction work is being performed
thereon. No owner, contractor, workman or other person shall perform
any building operations of any kind unless a zoning permit covering
such operation has been displayed as required by this chapter, nor
shall they perform building operations of any kind after notification
of the revocation of said zoning permit.
G.
Denial of permit. When the Zoning Administrator and/or
Building Inspector are not satisfied that the applicant's proposed
development will meet the requirements of this chapter, they shall
refuse to issue a zoning permit, and the applicant may appeal to the
Zoning Board of Appeals for a reversal of the Zoning Administrator's
and/or Building Inspector's decision.
H.
Revocation of permits. If it shall appear, at any
time, to the Zoning Administrator and/or Building Inspector that the
application or accompanying plan is in any respect false or misleading
or that work is being done upon the premises differing materially
from that called for in the applications filed with them under existing
laws or ordinances, they may forthwith revoke the zoning permit, whereupon
it shall be the duty of the person holding the same to surrender it
and all copies thereof to said Zoning Administrator and/or Building
Inspector. After the zoning permit has been revoked, the Zoning Administrator
and/or Building Inspector may, in their discretion, before issuing
the new zoning permit, require the applicant to file an indemnity
bond in favor of the Town of Fort Edward with sufficient surety conditioned
for compliance with this chapter and all laws and ordinances then
in force and in a sum sufficient to cover the cost of removing the
building or structure if it does not so comply.
[Amended 6-27-1988 by L.L. No. 3-1988]
For new uses, after completion of the whole
building or structure and upon the sworn application by the owner
or his duly authorized agent setting forth such facts as the Zoning
Administrator and/or Building Inspector may require and after actual
inspection of the premises by the Zoning Administrator and/or Building
Inspector or their duly authorized assistant, the Zoning Administrator
and/or Building Inspector shall, upon finding the facts to be as represented,
issue, in duplicate, an occupancy permit, certifying that the premises
comply with the provisions of this chapter and may be used for the
purposes set forth in the permit, which purposes shall conform to
the requirements of this chapter. No change of use shall be made in
any building, structure or premises now or hereafter erected or altered
that is not consistent with the requirements of this chapter. Any
person desiring to change the use of his premises shall apply to the
Zoning Administrator and/or Building Inspector for an occupancy permit.
A copy of the occupancy permit shall be kept at all times upon the
premises affected and shall be displayed upon request made by any
building inspector or police officer. A record shall be kept of all
occupancy permits issued, and the original applications therefor shall
be kept on file in the same manner as applications for zoning permits.
No owner, tenant or other person shall use or occupy any building
or structure thereafter erected or altered, the use of which shall
be changed after the passage of this chapter, without first procuring
an occupancy permit, provided that an occupancy permit, once granted,
shall continue in effect so long as there is no change of use, regardless
of change in the personnel of tenants or occupants.
A.
Appeal from Zoning Administrator and/or Building Inspector.
[Amended 6-27-1988 by L.L. No. 3-1988]
(1)
Procedure for appellant.
(a)
An appeal to the Zoning Board from any ruling
of any administrative officer administering any portion of this chapter
may be taken by any person aggrieved or by an officer, department,
board or bureau of the Town affected thereby. Such appeal shall be
taken by filing with the officer from whose action the appeal is taken
and with the Zoning Board by filing with the Secretary thereof a notice
of appeal, specifying the grounds therefor.
(b)
All applications and appeals made to the Zoning
Board shall be in writing on forms prescribed by the Zoning Administrator
and/or Building Inspector. Every application or appeal shall refer
to the specific provision of this chapter and shall exactly set forth
the interpretation that is claimed, the plans for a special use or
the details of the variance that is applied for, in addition to the
following information:
[1]
The name and address of the applicant or appellant.
[2]
The name and address of the owner of the zone
lot to be affected by such proposed change or appeal.
[3]
A brief description and location of the zone
lot to be affected by such proposed change or appeal.
[4]
A statement of the present zoning classification
of the zone lot in question, the improvements thereon and the present
use thereof.
[5]
A reasonably accurate description of the present
improvements and the additions or changes intended to be made under
this application, indicating the size of such proposed improvements,
material and general construction thereof. In addition, there shall
be attached a plot plan of the real property to be affected, indicating
the location and size of the lot and size of improvements thereon
and proposed to be erected thereon.
(2)
Procedure for Zoning Administrator and/or Building
Inspector.
(a)
The notice of appeal in any case where a permit
has been granted or denied by the Zoning Administrator and/or Building
Inspector shall be filed within such time as shall be prescribed by
the Zoning Board under general rule after notice of such action granting
or denying the permit has been mailed to the applicant. The Zoning
Administrator and/or Building Inspector shall forthwith transmit to
the Zoning Board all papers constituting the record upon which the
action appealed from was taken or, in lieu thereof, certified copies
of said papers.
(b)
It shall be competent for the Zoning Administrator
and/or Building Inspector to recommend to the Zoning Board a modification
or reversal of their action in cases where they believe substantial
justice requires the same but where they have not themselves sufficient
authority to grant the relief sought.
(3)
Procedure for the Zoning Board. The Zoning Board shall
decide each appeal within a reasonable time. Upon the hearing, any
party may appear in person or be represented by an agent or attorney.
The Zoning Board's decision shall be immediately filed in its office
and be a public record. In the exercise of its functions upon such
appeals or upon exceptions, the Zoning Board may, in conformity with
the provisions of this chapter, reverse or affirm, wholly or partly,
or modify the order, requirement, decision or determination appealed
from or may make such order, requirement, decision or determination
in accordance with the provisions hereof.
(4)
Expiration of appeal decision. Unless otherwise specified
by the Zoning Board, a decision on any appeal or request for a variance
shall expire if the applicant fails to obtain any necessary zoning
permit or comply with the conditions of said authorized permit within
six months from the date of authorization thereof.
(5)
Stay of proceedings. An appeal shall stay all proceedings
in furtherance of the action appealed from unless the Zoning Administrator
and/or Building Inspector certify for the Zoning Board, after the
notice of appeal shall have been filed, that, by reason of facts stated
in the certificate, a stay would, in their opinion, cause imminent
peril to life or property, in which case proceedings shall not be
stayed otherwise than by a restraining order, which may be granted
by the Zoning Board or by the Supreme Court on application, on notice
to the Zoning Administrator and/or Building Inspector and on due cause
shown.
B.
Appeal from decision of Zoning Board. All decisions
of the Zoning Board are subject to court review in accordance with
applicable laws or the State of New York.
A.
The Zoning Board shall fix a reasonable time for the
hearing on the appeal or application and give due notice to the following
officials, persons and owners of property not less than five days
prior to the day of the hearing:
[Amended 6-27-1988 by L.L. No. 3-1988]
(1)
When appealing action of the Zoning Administrator
and/or Building Inspector. In case of an appeal alleging an error
or misinterpretation in any order or other action by the Zoning Administrator
and/or Building Inspector, the following persons shall be notified:
the Zoning Administrator and/or Building Inspector, the appellant
and the person or persons, if any, who benefit from the order, requirement,
regulation or determination.
(2)
When appealing for variance; special use. In case
of an appeal for a variance or in case of application for a special
use, as provided for in this chapter, the following persons shall
be notified: all owners of property within 500 feet of the nearest
line of the property for which the variance or special use is sought
and to such other property owners as the Chairman of the Zoning Board
may direct.
B.
Adjournment of hearing. Upon the day for hearing any
application or appeal, the Zoning Board may adjourn the hearing for
a reasonable period for the purpose of causing such further notice
as it deems proper to be served upon such other property owners as
it decides may be interested in said application or appeal.
C.
Required interval for hearings on applications and
appeals after denial. Whenever the Board, after hearing all the evidence
presented upon an application or appeal, under the provisions of this
chapter denies the same, the Zoning Board shall refuse to hold further
hearings on said or substantially similar application or appeal by
the same applicant, his successor or assign for a period of one year,
except and unless the Zoning Board shall find and determine from the
information supplied by the request for a rehearing that changed conditions
have occurred relating to the promotion of the public health, safety,
convenience, comfort, prosperity and general welfare and that a reconsideration
is justified.
[Amended 9-26-1983; 6-27-1988 by L.L. No. 3-1988]
A.
Whenever a violation of this chapter occurs, any person
may file a complaint in regard thereto. All such complaints must be
in writing and shall be filed with the Zoning Administrator and/or
Building Inspector, who shall properly record such complaint and immediately
investigate and report thereon to the Town Board.
B.
Procedure for abatement of violations. In case any
building or structure is erected, constructed, reconstructed, altered,
repaired, converted or maintained or any building, structure or land
is used in violation of this chapter or of any ordinance or regulation
made under authority conferred hereby, the Town Board or the Zoning
Administrator and/or Building Inspector, in addition to other remedies,
may institute any appropriate action of proceedings to prevent such
unlawful erection, construction, reconstruction, alteration, repair,
conversion, maintenance or use to restrain, correct or abate such
violation, to prevent the occupancy of said building, structure or
land or to prevent any illegal act, conduct, business or use in or
about such premises.
C.
Any person, firm or corporation violating any provision
of this chapter shall be punishable by a fine not exceeding $350 or
imprisonment for a period not to exceed six months, or both, for conviction
of a first offense; for conviction of a second offense, both of which
were committed within a period of five years, punishable by a fine
not less than $350 nor more than $700 or imprisonment for a period
not to exceed six months, or both; and upon conviction for a third
or subsequent offense, all of which were committed within a period
of five years, punishable by a fine not less than $700 nor more than
$1,000 or imprisonment for a period not to exceed six months, or both.
However, for the purpose of conferring jurisdiction upon courts and
judicial officers generally, violations of this chapter shall be deemed
misdemeanors, and, for such purpose only, all provisions of law relating
to misdemeanors shall apply to such violations. Each weeks' continued
violation shall constitute a separate additional violation.
[Amended 9-26-1983; 6-27-1988 by L.L. No. 3-1988; 6-13-2005 by L.L. No.
6-2005]
