[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.
I. No zoning permit shall be issued unless and until the applicant has complied with the requirements of the stormwater management and erosion and sediment control provisions of Chapter
56 of the Town Code.
[Added 6-12-2006 by L.L. No. 4-2006]
[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.
[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]
Application fees in the amounts adopted by the Town Board pursuant to Town Code §
50-1 and listed on the Fee Schedule shall be paid at the office of the Zoning Administrator
and/or Building Inspector upon the filing of an application.